HomeLondon Extradition Lawyers and Solicitors
Intercollegium Lawyers has extensive expertise in successfully challenging extradition requests. Our team advises British individuals facing extradition demands from foreign authorities, as well as international high-net-worth individuals requiring assistance with potentially politically motivated or other complex extradition matters.
Extradition law is a niche and complex area of jurisprudence that requires specialised skills and knowledge. Our extradition lawyers, London have huge experience and significant success in contesting extradition requests from EU countries and around the globe. Moreover, our team of experienced extradition lawyers is ready to provide expert assistance on extradition matters, international arrest warrants, and many other legal issues.
Extradition in the UK
Extradition is a legal process during which foreign judicial bodies or governments request assistance from the UK authorities in arresting and returning an individual accused or suspected of committing a crime like drug trafficking back to their country. The extradition request can be made for two reasons: to serve a prison sentence or to stand trial.
Extradition proceedings in the UK are governed by several international treaties and domestic laws, including the Extradition Act 2003. However, extradition is only possible for serious crimes that are criminally punishable in both the requesting state and the UK.
The United Kingdom can extradite individuals for the following alleged offences: murder and other forms of premeditated homicide; rape and sexual offences; drug trafficking; terrorism and the financing of terrorist acts; fraud; money laundering; corruption; tax evasion; embezzlement of state funds; arms smuggling; human trafficking; cybercrimes; genocide; human rights violations like war crimes threat to national security.
The extradition process depends on the existence of a bilateral agreement between the UK and another state, adherence to the European Convention on Human Rights, and other procedural norms.
However, an extradition request can be contested on the following grounds:
- Breach of the Non Bis In Idem principle (double jeopardy): The requested person cannot be punished twice for the same offence.
- Political motives for the crime, as well as racial, religious, national, or other forms of discrimination;
- Human rights violations, the risk of torture, cruel treatment, or the death penalty;
- The absence of a decision to prosecute or the inadequacy of the legislative framework.
- Expiration of the statute of limitations for the crime;
- In cases involving the European Arrest Warrant (EAW) a person’s age can be a factor (the individual must be of an age that makes it plausible for them to have committed a crime).
- The principle of specialty prohibits the requesting country from prosecuting or punishing an individual for a crime other than the one for which extradition was granted.
To contest an extradition request, the requested person or their lawyers must submit an application to a British court. The judges assess the evidence presented by both sides and make the appropriate decision. In the event of an unfavorable outcome, the defense can appeal extradition cases to higher authorities, including the Supreme Court and the European Court of Human Rights.
The Extradition Law in the United Kingdom
The 2003 Extradition Act established the application of two different extradition procedures for Category 1 and Category 2 countries.
- Category 1 – an expedited European Arrest Warrant, which involves a simplified procedure.
- Category 2 – a more complex procedure where the requesting country must prove its case.
The extradition request must be compatible with the European Convention. BSB specializes in challenging extradition requests from a human rights perspective.
Extradition to Category 1 countries
Category 1 states are subject to Part 1 of the Extradition Act and use the European Arrest Warrant (EAW). Following Brexit, the UK is no longer part of the European Arrest Warrants (EAW) system. However, from 1 January 2021, a new agreement between the UK and EU countries has been in effect regarding a simplified extradition procedure.
The process is incredibly straightforward. The requesting state needs to issue an EAW (European Arrest Warrant). The National Crime Agency (NCA) then issues a certification of approval, provided certain criteria are met. Following the temporary arrest of the requested individual, an initial hearing takes place at Westminster Magistrates’ Court. This is then followed by a final extradition hearing.
The following countries fall into Category 1: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Ireland, Italy, Latvia, Luxembourg, Lithuania, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
Extradition to Category 2 countries
Extradition requests from Category 2 countries are processed differently, involving the Home Secretary and the court. Category 2 countries are divided into Type A and Type B.
Countries classified as Type A are not required to provide prima facie evidence in support of their extradition requests. These include Albania, Curaçao, Andorra, Armenia, Georgia, Australia, Iceland, Azerbaijan, Hong Kong, Israel, Liechtenstein, Canada, the USA, Macedonia, Moldova, Serbia, Monaco, New Zealand, Norway, Switzerland, Montenegro, Ukraine, Turkey, Russia, and the Republic of Korea.
Countries of type B must provide prima facie case evidence in support of their extradition request. This category includes all countries not previously mentioned.
The Extradition Process in the United Kingdom
Earlier, we looked at the simplified extradition procedure for Category 1 countries. The process for Category 2 countries requires detailed examination.
Extradition requests from Category 2 countries are submitted to the Home Secretary and must include personal details of the individual sought, a detailed description of the crime, evidence of an arrest warrant or court conviction. The court reviews the request and, upon confirming its legitimacy, issues an arrest warrant.
At the initial hearing, the court must explain the extradition procedure to the person concerned, set a date for the final hearing on the extradition case, and consider the issue of bail release.
If the individual in question does not consent to extradition, a subsequent hearing on this matter will be conducted. At this hearing, the court will consider:
- Is a committed crime subject to extradition?
- Is a minimum level of punishment envisaged?
- Is the alleged offence considered a crime in the United Kingdom?
In the event that an extradition order is issued, the person in question may submit their objections to the Home Secretary within four weeks from the moment the case is passed to the Home Secretary. The case will be forwarded to the Home Secretary for a decision on whether to issue an extradition order.
If there are no legislative prohibitions on issuing a warrant, the Secretary of State will issue an extradition warrant for the person sought.
If legislative prohibitions are applicable, the Secretary of State will issue an order for the release of the person in question.
Extradition and Interpol Red Notice
Interpol Red Notice is not an international arrest warrant, but it informs Interpol members that a certain country wishes to achieve the arrest and extradition of the specified individual. The United Kingdom can use this notification for the temporary detention of the person. That is usually the first indication that an individual might deal with a potential extradition request.
After a person is detained based on a red notice, they have the right to a judicial review of the case. The judicial authorities in the UK check whether the extradition request complies with the country’s domestic legislation and international agreements, including adherence to human rights. For the removal of Interpol red notice it is necessary to submit a request to the Commission for the Control of Interpol’s Files (CCF). Our Interpol and extradition solicitors have many years of experience dealing with Interpol red notices, and are therefore ready to answer all your questions and provide expert legal advice.
Countries With no Extradition Treaty with the UK
The United Kingdom has not entered into extradition treaties with some countries due to political disagreements, differences in legal systems, and other diplomatic reasons.
- Afghanistan
- Algeria
- Armenia
- Bahrain
- Belarus
- Butane
- Cambodia
- China
- North Korea
- Ethiopia
- Guinea
- Indonesia
- Kazakhstan
- Kuwait
- Laos
- Libya
- Maldives
- Mongolia
- Nepal
- Russia
- Saudi Arabia
- Somalia
- Syria
- Tajikistan
- Tunisia
- Uganda
- Uzbekistan
- Vietnam
- Venezuela
- Cuba
However, even in the absence of an extradition agreement, the UK can proceed with the extradition of a suspect or accused individual. In instances where a state doesn’t have an extradition arrangement with the UK, each specific case will be considered on its own merits rather than applying the general provisions of a treaty.
Extradition Law Firm in London
Intercollegium is an international law firm specializing in complex matters of extradition, international law, Interpol notices, and other legal nuances. Our key areas:
- Extradition
- International criminal law.
- Removal of Interpol red notices.
- Disputing international arrest warrants;
- Protection of human rights;
- Legal representation in court;
- Political asylum.
Our Interpol law firm has many years of experience in successfully resolving complex international matters and representing clients across various jurisdictions around the world.
We represent our clients’ interests in the highest judicial instances, as well as interact with international organizations.
Contact Extradition Solicitors London
Since you reached out, our team of experienced extradition solicitors has been dedicated to simplifying the legal proceedings and developing the most effective defense strategy. Thanks to our extensive network of legal partners, we provide support and advice on international matters, regardless of where our client is located.
If you find yourself in a situation involving complex extradition cases, an Interpol red notice, or other international legal issues, our lawyers are ready to offer you professional legal support. Our experienced extradition lawyers possess all the necessary knowledge, experience, and resources to successfully resolve your case.
Contact us right now for a consultation and get realistic advice on any extradition matter. Our International solicitors ensure you get expert legal support at every stage of the case.
How can you avoid extradition to the requesting state?
There are several grounds on which you can argue for your extradition request to be denied, legally called Bars to extradition. These include the double jeopardy rule and the absence of a decision from the prosecution case. Your physical and mental health can also be used to argue against extradition.
Which alleged crimes can a person be extradited for in the UK?
You can be extradited to and from the UK for committing serious crimes like drug trafficking and crimes against humanity, provided the alleged act is a criminal offence in the UK and the requesting country.
Does Switzerland extradite people to the UK?
According to article 8, Switzerland cannot decline to extradite individuals to the UK because the requested person is a Swiss National. However, Switzerland can refuse to extradite if they have jurisdiction to prosecute the requested person for the alleged crimes for which the extradition is being sought.
