Extradition from France to the UK - legal assistance
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Extradition from France to the UK

Received an extradition request or surrender warrant from France? Our specialist extradition defence lawyers provide urgent representation under the UK-EU Trade and Cooperation Agreement framework.

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Extradition from France to the UK

Legal Framework

Since Brexit, extradition between the UK and France is governed by the EU-UK Trade and Cooperation Agreement (TCA), signed in December 2020, which replaced the European Arrest Warrant framework for UK-EU surrender requests. The TCA establishes a streamlined surrender mechanism broadly similar to the former EAW but introduces key differences, including greater protections for UK nationals and the reinstatement of dual criminality checks. Domestic procedure in UK courts continues to be governed by the Extradition Act 2003. France remains one of the UK’s most active extradition partners, and specialist legal advice is essential from the moment of arrest.

Grounds for Refusing Extradition

  • Human rights — Risk of a violation of Article 3 (torture or inhuman treatment) or Article 6 (right to a fair trial) under the ECHR
  • UK nationality — Under the TCA, UK courts must consider whether the offence was committed wholly or partly in the UK and whether surrender would be disproportionate
  • Forum bar — It would be more appropriate for the offence to be tried in the UK rather than France
  • Double jeopardy — The person has already been tried and acquitted or convicted for the same conduct
  • Passage of time — Undue delay since the alleged offence renders extradition unjust or oppressive
  • Political offence — The request is politically motivated rather than a genuine criminal prosecution
  • Specialty rule — Assurances must be given that the person will only be tried for the offence specified in the surrender request
  • Preventive Request Lawyer

The Extradition Process

France submits a surrender request under the TCA framework to the designated UK authority. If certified, the requested person is arrested and brought before Westminster Magistrates’ Court for an initial hearing, where our lawyers may apply for bail. The full extradition hearing examines dual criminality, human rights bars, the forum bar, and all applicable statutory grounds for refusal. The court then decides whether to order surrender. Either party may appeal to the High Court, and with leave, to the UK Supreme Court. If courts approve extradition, the Home Secretary retains final discretion to refuse surrender in exceptional circumstances.

Our Defence Strategy

Our extradition lawyers analyse the French surrender request in detail, challenging dual criminality, raising the forum bar where UK courts are the more appropriate venue, and presenting human rights arguments under Articles 3 and 6 ECHR. We pursue bail applications at the earliest opportunity to prevent unnecessary detention. Where UK nationality is engaged, we present evidence that surrender would be disproportionate. If Interpol Red Notices or diffusions accompany the request, our Interpol Defence Lawyers work in parallel to challenge and remove those alerts, protecting your freedom to travel and your professional reputation.

Contact Our Extradition Defence Team

If you face a French extradition or surrender request, contact our specialist extradition defence team without delay. Early legal advice determines the strength of your defence. Call us now or complete our contact form for a free initial consultation — we operate 24 hours a day, seven days a week.

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