Extradition
What happens if I am arrested at an airport based on an extradition request?
Upon arrest, you will be brought before a court within 24–48 hours for an initial hearing. At this stage, the court verifies your identity and confirms the existence of a valid request or Red Notice. You will not argue the merits of the case at this first appearance. The court then decides whether to remand […]
How long do extradition proceedings typically take from arrest to final decision?
Timeframes vary substantially by jurisdiction. In the UK, European Arrest Warrant cases must conclude within 60 days of arrest, extendable to 90 days in complex matters. Non-EAW cases average 12–18 months at first instance. Appeals add 6–12 months per level. In Germany, straightforward cases resolve within 2–3 months; contested matters take 6–9 months. Spain typically […]
Will I be held in custody throughout the entire extradition process?
Custody is not automatic, though requesting states routinely oppose bail. Courts assess flight risk, community ties, the seriousness of alleged offences, and the strength of the extradition request. Substantial financial sureties, electronic monitoring, residence requirements, and regular police reporting are common bail conditions. In the UK, approximately 40–50% of individuals in extradition proceedings secure bail, […]
Can extradition be refused if the evidence against me is weak?
Most modern extradition frameworks do not permit courts to evaluate the strength of evidence. Under the European Arrest Warrant system, no prima facie case is required — only a valid warrant. However, some bilateral treaties, particularly older US-UK arrangements, require the requesting state to establish probable cause or a prima facie case. Even where evidential […]
What role does my nationality play in extradition proceedings?
Nationality is significant in civil law jurisdictions. Germany, France, Poland, and most EU member states have constitutional or statutory prohibitions against extraditing their own nationals to non-EU countries. Instead, they may prosecute domestically under the principle of aut dedere aut judicare. Common law countries like the UK, US, and Australia generally extradite their nationals without […]
Can I travel to other countries while extradition proceedings are ongoing?
Travel during active proceedings is extremely risky. Most countries share information through Interpol channels, meaning an existing Red Notice or diffusion could trigger arrest at any border crossing. Even countries without an extradition treaty with the requesting state may detain you provisionally. If you are released on bail, your passport will typically be surrendered as […]