Within the current climate international cooperation relating to requests for extradition and mutual assistance between different jurisdictions is becoming increasingly common.
What is Extradition?
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties.
Through the extradition process, a sovereign (the requesting state) typically makes a formal request to another sovereign (the requested state). If the fugitive is found within the territory of the requested state, then the requested state may arrest the fugitive and subject him or her to its extradition process.
The extradition procedures to which the fugitive will be subjected are dependent on the law and practice of the requested state.
Extradition can be requested by other countries for many legal reasons, including:
- Criminal prosecution
- Sentencing for offences for which they have been convicted
- Carrying out a sentence that has already been imposed
If you know that an arrest warrant has been issued from another country for your arrest in the UK, including under the European Arrest Warrant system, it is important that you contact us in order that we can advise you of your options.
What can our Extradition Team do?
Our extradition team will navigate through the complex legislation dealing with such requests. We offer clients the advice and assistance required to protect their interests when fighting an extradition request, and we recognize that such requests may have fundamental consequences for those on the receiving end.
As part of our service we will check that the appropriate conditions have been met by the country requesting your extradition, for example, if there is an extradition treaty in place.
Our extradition solicitors will also advise you on whether or not you can:
- Challenge your extradition
- Appeal against your extradition if a decision has already been made
If you or someone you know is facing extradition from the UK to another country then we can advise you on what to expect from the requesting country’s police or courts.
We have an excellent relationship with leading counsel in Scotland on Extradition and will instruct them on your behalf.
If you are facing extradition, it is vital that you get legal advice from an experienced solicitor.
Experience and expertise are the pre-requisites when dealing with such a complex and technical area of the law which we can provide immediately.