We are able to represent clients in relation to matters arising out of the Extradition Act 2003 where someone has been issued a warrant within the EU or other state.
In order to extradite from the UK there are a number of Bars or objections the prosecution must overcome plus procedural issues. These include:
- Double jeopardy – this means facing proceedings for the same offence twice.
- Passage of time – where so much time has passed since the original offence that it is unfair or oppressive to proceed against a defendant.
- Age – where the defendant would have been under the UK age of criminal responsibility when the original offence took place.
- Hostage taking – Whether an earlier extradition has already taken place from another country, consent may be needed before another extradition takes place.
- Extraneous issues- this means when the proceedings in the foreign state are actually a cover for an ulterior motive, or where the person will be disadvantaged during the foreign proceedings because of that same ulterior motive, for example, racial or political victimisation.
We will assist clients by ensuring the European Arrest Warrant (EAW) meets the criteria set by law, make applications for bail and assist in representing clients in contested hearings. We are able to assist clients from start to finish at the Westminster Magistrates Court Where the majority of such cases are heard under the Extradition Act 2003. In doing so we will explore whether any of the bars to extradition can be raised to prevent a client being extradited to another country.
Representation can be funded either by legal aid or a private basis depending on your financial circumstances. Please contact our crime department for a free consultation or email: email@example.com.