Home/Extradition

Criminal Defence

An extradition warrant rarely arrives with much warning.

Defending extradition requests from other countries, at the police station, at Westminster Magistrates' Court, and on appeal.

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.

The forum bar

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.

Law & procedure

Extradition is a statutory process, not an ordinary criminal trial

Extradition proceedings are governed principally by the Extradition Act 2003. The court does not normally decide guilt or innocence. It considers whether the statutory requirements for extradition are satisfied and whether a statutory bar, human-rights issue or other legal protection prevents surrender.

Depending on the request, issues may include identity, the validity and particulars of the warrant or request, dual criminality, passage of time, earlier extradition, extraneous considerations, forum, specialty and rights under the European Convention on Human Rights. Bail is governed by a separate extradition framework and the risk of absconding is often central.

HH v Deputy Prosecutor of the Italian Republic [2012] UKSC 25 is a leading Supreme Court authority on the balancing exercise under Article 8 where extradition interferes with family life, including the impact on children. Human-rights arguments are fact-sensitive and require evidence rather than assertion.

Key source: Extradition Act 2003. Human-rights and treaty arrangements can change, so the applicable framework must be checked against the requesting state and the date of the request.

Frequently asked questions

Can I get bail in an extradition case?
Potentially. The court considers the statutory bail framework, including risk of absconding and any conditions capable of managing that risk. A proposed address, sureties or security and other safeguards may be relevant.

Does the Westminster Magistrates’ Court hear extradition cases?
Extradition cases in England and Wales are generally dealt with at Westminster Magistrates’ Court, subject to the statutory scheme and the nature of the request.

Can extradition be refused on human-rights grounds?
Yes, in appropriate cases. Articles 3, 6 and 8 can arise, among others. The evidential threshold and balancing exercise differ according to the right relied upon and the facts.

Can family circumstances stop extradition?
Family life is relevant under Article 8 but does not automatically prevent extradition. The court weighs the public interest in extradition against the interference, including evidence concerning children and other dependants.

Can I appeal an extradition order?
There are statutory appeal routes and strict time limits. Advice should be obtained immediately following the decision because delay can be fatal to an appeal.

Should I obtain evidence before the hearing?
Yes where it is relevant. Medical evidence, family evidence, prison-condition material, expert evidence, financial information and evidence addressing bail or statutory bars may be important depending on the grounds relied upon.