Our extradition solicitors in London are experts in challenging extradition requests and finding ways to diffuse Interpol’s Red notices.
Learn all about our extradition services here.
Extradition Law
What Does Extradition Mean?
Extradition is a legal proceeding where one state surrenders an individual residing there to another country. There are three reasons why a state requests another to surrender a person of suspect.
They are as follows:
- The individual will be prosecuted for the crimes they committed
- The guilty party will be sentenced for an offence they were convicted for by the court
- The individual needs to carry out an imposed sentence
In the UK, the Extradition Act 2003 comprises rules and regulations the country will follow upon receiving an extradition request. The European Arrest Warrant (EAW) covers treaties and agreements shared between EU states and the UK. The English law will adhere to this rule post-Brexit, until 31 December 2020.
Alternately, extradition law for individuals requested by Norway and Iceland is a unification of the Norway/Iceland Surrender Agreement (SAW). The Act of 2003 covers the domestic legal basis for all types of extradition requests sent by the UK to non-EU countries. These requests, however, do not include the statute aside from some limited provisions.
All non-EAW extradition lawsuits are referred to as Part 2 cases. Our experienced team knows how to tackle Part 1 and Part 2 extradition lawsuits with ease.
What Happens After the Request Is Approved?
After the certification of the EAW (or any extradition request), the Requested Person is arrested. The local police first detain them and then transfer them to Westminster Magistrates’ Court for the initial hearing. The District Judge will also decide whether to release the individual on bail or remand him in custody and set up the timetable to provide the evidence necessary to challenge extradition.
With multiple jurisdictions involved, the entire process is tedious and stressful. If you want to increase your (or your loved one’s) chances to challenge the court’s decision, then legal assistance is necessary. It is crucial to hire international solicitors for this complicated case.
There are various reasons for this decision—the most significant being the international law firm’s in-depth knowledge of the legal system. Experienced extradition solicitors can expertly challenge the appeal and find evidence that can hinder the process.
Also, we are always looking for alternative solutions if our original attempt is unsuccessful. For instance, we can take the appeal to the High Court if the District Judge’s verdict is not in your favour.
In short, our efforts maximise your chances to find refuge within the UK or Europe, depending on your current residence.
Hiring Extradition Lawyers
What We Do
AM International Solicitors is a boutique international law firm. We offer specialised services to clients living in the UK and overseas. Our dedicated team of seasoned extradition solicitors has extensive experience in dealing with such cases. They undertake cases at both Magistrates’ Court and High Court. We also handle non-EAW cases. That means cases that adhere to rules followed by the UK Home Office as opposed to the EU.
Over the years, we have represented clients whose extradition Poland, Romania, Hungary, France, Netherlands, Latvia, Russia, Albania, United States and many other countries requested. Their alleged offences range from crime and fraud to criminal offences such as homicide, robbery, and drug trafficking.
We managed to defend their extradition by collaborating with barristers and witnesses who support are arguments. These individuals included psychiatrists, anti-trafficking organisations, experts of foreign prison conditions, etc.
With their help, we shed light on the violation of human rights, loopholes within the EWA and other discrepancies in the case.
Alternatively, the countries send extradition requests for minor offences. We cross-check their charges the EAW and the UK legislature to verify the validity of their claims. Our lawyers also check if the alleged crime is an extradition offence. We use the findings as evidence to support arguments against the extradition.
Here is an overview of the primary arguments for extradition:
European Arrest Warrant (EAW) Challenges
Despite the complexities of EAWs, we manage to find a clause that works in our defence statement. These arguments revolve around an expired statute of limitation, failure to pass the dual criminality test, and other negligence. We prove these statements by presenting key witnesses who depict the client’s side of the story.
European Arrest Warrant (EAW) Challenges
We can withhold extradition procedures by portraying inhuman conditions of foreign prisons (i.e. unhygienic facilities, regular torture, etc.). We might also mention the risk of an unfair and unwarranted trial due to the lack of proper law and order in the state. All of which could cause the convict’s mental and physical health to deteriorate.
The direct human rights violation can easily change the course of the trial might lead to bail.
European Arrest Warrant (EAW) Challenges
Many countries might send an extradition request due to the individual’s political stances. Proving the unjust and biased accusations against the client could help in their release. These arguments require strong evidence and insight information on the political situation and the criminal justice system of the state in question.
Our diverse teams of extradition solicitors bring in this unique perspective due to their background and meticulous research skills.
In addition to presenting one or more of these challenges, we also ensure that our clients don’t appear on the Interpol Red Notices. These announcements declare individuals caught up in extradition cases as a person of interest. Once their photograph and details enter the database, they become accessible to police stations, banks, airports, and governmental organisations worldwide. This could severely destroy the alleged convicts’ future.
We take pride in managing to erase names from the database through our negotiations and petitions. That way, the clients’ name does not enter the permanent record at Interpol.
In short, our lawyers are ready to fight for your rights and protect your honour. We do this by going the extra mile and delivering unbeatable arguments, that surprises the opposition. Adding to this is our extensive connection with top-ranking barristers, international organisations, embassies, NGOs and more. These people allow us to collect credible evidence to defend our cases.
Extradition Act 2003: A Pre and Post-Brexit Comparison
Extradition involves one state surrendering an individual to another country for prosecution or to serve a sentence. The UK follows specific protocols under the Extradition Act 2003, addressing both pre- and post-Brexit scenarios.
Pre-Brexit Extradition Framework
European Arrest Warrant (EAW) System:
Prior to Brexit, the UK was part of the European Arrest Warrant (EAW) system, which streamlined extradition between EU member states. The EAW allowed for faster and more efficient extradition, bypassing traditional diplomatic and judicial procedures.
Extradition requests under the EAW were processed with minimal bureaucracy. Once an EAW was issued, the requested individual could be quickly apprehended and surrendered, provided the request met specific legal criteria.
The Extradition Act 2003 was designed to align with the EAW framework, facilitating seamless cooperation between the UK and other EU countries. This act included provisions for the rapid processing of EAWs, emphasising mutual recognition of judicial decisions and minimising the grounds for contesting extradition.
Post-Brexit Changes
Transition from EAW to New Framework:
- New Legal Arrangements: Following Brexit, the UK no longer participates in the EAW system. Instead, extradition between the UK and EU member states is governed by new bilateral agreements and the UK-EU Trade and Cooperation Agreement (TCA).
- UK-EU Trade and Cooperation Agreement: The TCA, which came into effect on January 1, 2021, outlines the new legal framework for extradition. This agreement maintains cooperation but introduces additional legal and procedural requirements compared to the EAW system.
Key Changes Post-Brexit
Increased Procedural Requirements:
Post-Brexit, extradition requests involve more extensive checks and balances. The UK now requires detailed information to assess the validity of extradition requests, including assurances about fair treatment and human rights.
The UK judiciary will scrutinise requests more thoroughly, ensuring compliance with the new agreements and national laws.
Bilateral Agreements with Non-EU Countries:
Beyond the EU, the UK has established or is in the process of establishing bilateral agreements with various countries. These agreements define the terms and conditions for extradition, addressing issues such as legal protections and procedural fairness.
Each bilateral agreement may have unique provisions, impacting how extradition requests are handled from country to country.
Revised Grounds for Contesting Extradition:
Post-Brexit, the UK emphasises human rights protections in extradition cases, particularly regarding the conditions of detention and the fairness of the trial in the requesting country.
There are more stringent checks on whether extradition requests are motivated by political reasons or whether the requested individual risks facing unfair treatment due to their political views.
Impact on Domestic Law
The Extradition Act 2003 remains in force but has been updated to incorporate new procedures and requirements. These updates reflect the changes brought about by Brexit and the new international agreements.
The revised act integrates with the UK’s broader legal framework, ensuring consistency with other domestic and international legal obligations.
Future Negotiations: The UK continues to negotiate and refine its extradition agreements with various countries, adapting to evolving legal standards and international relations.
