Extradition Request Out For My Arrest – What Can I Do Next?
With the upcoming extradition appeal of Julian Assange on 20th and 21st February 2024, extradition law will once again be at the forefront of mainstream media. However, anyone may be subject to an extradition request and the purpose of this blog is to explain what you can do if you suspect you may be subject to or become conscious of an immediate extradition request for you.
What is Extradition?
Extradition is where one country requests the surrender of a requested person from another country to prosecute that requested person, to sentence them for an offence they have already been convicted for, or to enforce a sentence that has already been handed down1. These are more commonly known as ‘Accusation Warrants’ and ‘Conviction Warrants’. Extradition Requests can either be Part 1 warrants, from EU Member States or Part 2 warrants, the rest of the world.2
How do I find out if an Extradition Request has been made against me?
There is only one Extradition Court in England and Wales – Westminster Magistrates’ Court. The Crown Prosecution Service Extradition Unit conducts proceedings here on behalf of the Requesting Country. Unfortunately, there is no established process through which to enquire or check if there is a potential or outstanding extradition request for you.3
The police are generally reluctant to disclose information about extradition requests until the warrant is executed, usually at Court, in case the requested person leaves the jurisdiction of England and Wales.4
What can I do?
It is strongly advised to get in touch with a Specialist Extradition Solicitors Firm. They in turn can contact the police to arrange your voluntary surrender at Court if an Extradition Request has been made. This is an alternative to the police attending your home or place of work to arrest you. A Voluntary Surrender will also prevent you from having to be held in custody and conveyed to court.
This also enables your solicitor to begin building your defence prior to your surrender at Court. Although, they may not be aware of the specifics of your warrant, there are general defences, which if they apply, that your solicitor can begin gathering evidence of.
The most common defences on which you can oppose extradition proceedings are where granting of your extradition to the Requesting Country would lead to inhuman and degrading treatment under Article 3 of ECHR, interfere with your right to a fair trial under Article 6 of ECHR or your right to private and family life under Article 8 ECHR. Physical and mental health conditions are also relevant under Section 25 of the Extradition Act 2003.
As well as beginning to build your defence, you solicitor can begin preparing your bail application. If your extradition is being requested on an accusation warrant there is a presumption in favour of granting bail.5 However, if your extradition is being requested on a conviction warrant there is no presumption in favour of bail.6
Surrendering voluntarily is one of many factors that weighs positively towards granting bail along with caring responsibility for family members, established health conditions, a long history of living openly in the UK under the identity subject to the extradition request, no previous convictions, paying security to the court, surrendering travel documents, agreeing to travel restrictions and reporting to your local police station regularly.
Conclusion
Extradition proceedings are stressful and distressing not only for the requested person but for their family, friends and community. There are other areas affected by an extradition proceedings such as your immigration status and family status which need to be considered in conjunction with your extradition matter. Instructing an Extradition Solicitor as early as possible can ensure that you and your family obtain ongoing advice and support throughout the proceedings.
If you are concerned about any of the issues above please contact one of our criminal defence experts to discuss your case on a confidential basis. Call 0330 822 3451 or request a callback online.
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1https://www.cps.gov.uk/legal-guidance/extradition-from-uk
2https://www.cps.gov.uk/legal-guidance/extradition-from-uk
3https://www.fairtrials.org/app/uploads/2022/01/EAW-advice-note.pdf
4https://www.fairtrials.org/app/uploads/2022/01/EAW-advice-note.pdf
5https://www.cps.gov.uk/legal-guidance/extradition-from-uk
6https://www.cps.gov.uk/legal-guidance/extradition-from-uk