HomeExtradition France to UK
Can France extradite me for conduct that occurred before Brexit?
Yes. The EU-UK Trade and Cooperation Agreement applies to extradition requests regardless of when the alleged offence occurred. Requests can concern conduct predating the 2020 agreement. However, the timing may strengthen certain defences — particularly passage of time arguments if the alleged offence is historic and prosecution has been delayed without justification. Courts will assess […]
What happens if I am arrested at a UK airport on a French extradition warrant?
You will be taken into custody and brought before Westminster Magistrates’ Court as soon as practicable. At this initial hearing, the court will confirm your identity, explain the French allegations, and set a date for the extradition hearing, which must normally begin within 21 days of arrest (the judge can extend this period). Bail applications […]
Does France need to provide evidence of my guilt for extradition to proceed?
No. Under the TCA surrender framework, France is not required to submit prima facie evidence of guilt. The system operates on mutual recognition — UK courts accept the validity of the French judicial authority’s assertion that there are grounds for prosecution or that a conviction exists. This differs from extradition to some non-EU states, where […]
Can extradition be refused if the French prison conditions are inadequate?
Yes, but the threshold is high. UK courts will refuse surrender where there is a real risk of treatment violating Article 3 ECHR — specifically inhuman or degrading conditions. French prison overcrowding has been raised in several cases, and European Court of Human Rights judgments have found violations in specific French facilities. Defence teams must […]
What is the typical timeline from arrest to final extradition decision in French cases?
If uncontested, surrender can occur relatively quickly after arrest. Contested cases take considerably longer at first instance, with Westminster Magistrates’ Court scheduling full hearings within weeks of arrest. Appeals to the High Court add further time; applications for permission to appeal to the Supreme Court extend proceedings further. During this period, the requested person may […]
If I have dual UK-French nationality, does that affect the extradition process?
UK nationality triggers additional protections under the TCA, but holding French nationality does not prevent extradition to France. The court must consider whether the conduct occurred wholly or partly in the UK and whether surrender would be disproportionate given nationality ties. Dual nationals cannot claim exemption from surrender to France based on their French citizenship. […]
