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How do US federal sentencing guidelines affect my Article 3 ECHR defence?
UK courts have accepted that disproportionately severe US sentences can engage Article 3 ECHR, though the threshold remains high. US federal sentencing guidelines — while now advisory post-Booker — often produce sentences dramatically longer than UK equivalents, particularly for drug and fraud offences. Mandatory minimums in certain cases remove judicial discretion entirely. Your defence must […]
What role does the US prosecutor’s plea bargain offer play in UK extradition proceedings?
US prosecutors frequently communicate potential plea terms before or during extradition proceedings, sometimes offering reduced charges in exchange for waiving extradition rights. UK courts do not formally consider plea negotiations when determining extradition, but the existence of an offer affects strategic decisions. Accepting a plea bargain means forfeiting your right to contest extradition and proceeding […]
Can I be extradited to the US for conduct that was legal in the UK at the time?
Dual criminality requires that the alleged conduct constitutes a criminal offence in both jurisdictions at the time of the extradition request, not necessarily when the conduct occurred. However, if the conduct was lawful in the UK when it took place, this can form the basis of a strong challenge. US prosecutors frequently pursue charges under […]
What happens if I am arrested on a US provisional warrant before the formal extradition request arrives?
The US has 65 days from your arrest to submit full extradition papers to the UK authorities. During this period, you will be remanded in custody unless bail is granted — which Westminster Magistrates’ Court approaches cautiously in US cases given flight risk concerns. If the formal request does not arrive within 65 days, you […]
Will I serve any US sentence in a British prison under a prisoner transfer agreement?
The UK and US are both parties to the Council of Europe Convention on the Transfer of Sentenced Persons, which theoretically permits repatriation. In practice, transfers from US federal custody to UK prisons are rare and discretionary — the US Bureau of Prisons must consent, and applications typically require serving a substantial portion of the […]
Can the US extradite me for tax offences or regulatory violations?
Tax offences are explicitly excluded from many extradition treaties, but the UK-US Treaty contains no blanket tax exemption. The US routinely seeks extradition for tax fraud, evasion, and related financial crimes where the conduct involves dishonesty beyond mere non-payment. Regulatory violations may qualify if they carry criminal sanctions in both jurisdictions and meet the dual […]
