How a request reaches you
Most people first learn about an extradition request when they are arrested on a warrant, often with no prior notice. What happens next depends on which part of the Extradition Act 2003 applies: broadly, requests from certain international partners follow a faster arrest warrant procedure, while requests from other countries, including the United States, follow a more detailed process requiring the requesting state to provide evidence and satisfy further conditions.
Grounds to resist extradition
Extradition is not automatic. Common grounds to resist a request include the absence of dual criminality, where the alleged conduct would not be a criminal offence in the United Kingdom, and human rights arguments under the European Convention, particularly where extradition would be incompatible with the right to family life or would expose someone to treatment that could not be justified.
Where a significant part of the conduct took place in the United Kingdom, it may be possible to argue that a prosecution should happen here rather than abroad, considering factors such as where the harm occurred, the location of evidence and witnesses, and the interests of any victims.
The hearing
Extradition proceedings in England and Wales are dealt with at Westminster Magistrates' Court, which handles this type of case exclusively. An adverse decision can be appealed to the High Court, though strict time limits apply and often run from the day of the decision itself, not from when advice is sought.
Bail pending the outcome
Extradition proceedings can take months to resolve, and an early application for bail, with appropriate conditions, is often central to managing that period. Given the nature of these cases, courts scrutinise flight risk carefully, so the strength of a bail package matters as much as the underlying argument against extradition.