Facing extradition proceedings can be a traumatic experience for many. The prospect of being removed from the jurisdiction and entering a foreign judicial system is daunting, which has many hurdles to overcome.
When a person is accused or convicted of a crime in a given country, that country’s respective law enforcement apparatus is usually responsible for the steps which follow. However, if that person leaves for another country, the original domestic law enforcement agency does not ordinarily have the legal power to follow them.
Here, the original state can request the extradition of the individual. Extradition is a procedure whereby a country surrenders those accused or convicted of crimes to the jurisdiction in which those crimes are alleged.
When a request is made for the extradition of an individual, the jurisdiction playing shelter may action the extradition according to their own legal mechanisms. In the UK, a judge will hear any objections to the extradition and can block the extradition altogether. Anyone facing a form of extradition should know that there are options available to resist the process; we advise early engagement of legal representation to co-ordinate an effective defence.
Extradition from the UK is governed by the Extradition Act 2003. The main provisions are Parts 1 and 2 of the Act.
Part 1
This refers to extradition to ‘category 1’ territories. These are all member states of the European Union. The National Crime Agency (NCA) is the central authority for Part 1 claims.
Part 2
This is applicable to territories with whom the UK has formal arrangements through:
These countries are divided into two: Type A, who are not required to provide prima facie evidence. Type B are required to provide prima facie evidence.
With any countries which are not included in this list, there may be provision under other treaties to exchange information or provide assistance under any Mutual Legal Assistance agreements or Co-operation Agreements.
The Extradition Unit of the CPS conducts proceedings on behalf of foreign authorities or states.
All extradition proceedings will begin at Westminster Magistrates’ Court, where the individual will be asked if they consent to the extradition. If they do not, the court will go on to consider whether the extradition is proper. The individual (Requested Person) will be given an opportunity to fight the extradition at a contested hearing and call evidence.
If the case is brought under Part 1, the judge has the power to order extradition or discharge the case. If the extradition is brought under Part 2, the judge can still discharge the case, though if they do not opt to discharge then they may only refer the case to the Home Office to consider extradition.
Typically fighting extradition proceedings involves challenging the law and running a pro-active defence strategy, including instructing a number of experts to give live evidence.
We are experienced in fighting extradition proceedings dealing with jurisdictions all over the world. Our success lies in using innovative ideas, identifying suitable experts and forming a strong defence team.
In each extradition case, the judge must consider whether one of the many statutory bars to extradition apply. If one applies, the judge must refuse the extradition.
The list of statutory provisions is lengthy and are set out under the Extradition Act 2003. However, a common bar is that the person’s extradition is incompatible with their human rights in the requesting country. A legal representative can help identify the most appropriate bar, if any, in a case.
If a person is charged with a UK offence and subsequently subject to an extradition request, the extradition request may be adjourned until the UK offence is dealt with. For this reason, it is important that an individual seeks legal advice. Knowledge of looming extradition proceedings helps inform any approach to the UK offence. Those facing extradition should be wary of UK offences; in late 2023 a German court refused to extradite an Albanian man to Britain due to the state of the UK prison system.
Should an individual be sentenced to a period of custody for an offence in the UK, the British court may opt to send the person to the requesting state temporarily before their return to serve their UK sentence.
After formally leaving the EU in January 2020, the UK entered a series of agreements with the EU. Most relevant to extradition is the Trade and Co-operation Agreement (TCA – known informally as “taca”). Since coming into force on the 1st May 2021, the TCA establishes preferential extradition procedures between the UK and the EU; the aim being to cement the geopolitical ‘level playing field’ between the two.
Like the EU’s European Arrest Warrant, the TCA limits the grounds for refusal of arrest warrants issued under its terms.
The European Union operates several ‘Agencies’ which are governed by secondary EU legislation and subject to oversight from the European Parliament. These each focus on narrow fields of policy or enforcement.
One such agency is Europol, which is the EU’s law enforcement agency. Unlike domestic law enforcement arms, Europol does not have its own executive powers. Thus it cannot, for example, arrest an individual in the EU or CTA on its own. It exists to assist domestic organisations with their investigations and ease the co-ordination of enforcement efforts. It focuses on tackling large-scale and organised crime.
Britain did not negotiate access to Europol post-Brexit and it is thus not a member of the agency. However, British officers may be present at Europol to facilitate cross-border enforcement under the TCA and ongoing bilateral agreements allow the National Crime Agency to liaise with the agency.
Brexit does not signal a grand 1970s return of those accused of crimes in Britain escaping to the Costa Del Sol. The threat of extradition and proceedings beyond the UK border is severe. We at ABV have a pedigree in dealing with international cases, with a strong track record of successful defences to show. We recommend that you take immediate legal advice if met with any extradition matters in the European Union.
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