Extradition and bail (Part 1 of 3): key considerations in bail applications for extradition cases

A primary concern for individuals in the UK who are subject to an extradition request is securing bail while your case is being heard. Getting bail means that you can wait for a decision on your extradition at home rather than in custody. Therefore, a bail application is often made at the first court appearance after the individual subject to extradition has been arrested.

Accusation vs. conviction warrants

Extradition requests fall into two main categories:

• Accusation warrants are issued when a person is wanted in connection with a criminal charge abroad. In these cases, there is a presumption in favour of bail, meaning the Court starts from the position that you should be released unless there is a strong reason in favour of detention.
• Conviction warrants are issued when a person has already been convicted and is wanted to serve a sentence. In these cases, there is no presumption of bail, and it is much more difficult to secure release.

What will the judge consider?

When an application is made for bail, a district judge will carefully assess several factors to decide if you pose a flight risk. The primary objective of the judge and the Crown Prosecution Service is to establish whether you will surrender to custody and appear before the court when asked to do so, or whether you will try to flee the country and obstruct the extradition process.

The Court will assess:

• Ties to the UK: how long have you lived here? Do you have family, a job or property? The stronger your ties to the UK, the less likely a judge is to believe that you will flee.
• The nature of the offence: the seriousness of the alleged crime and the potential sentence you will face if extradited are major factors. If the offence is categorised as serious, and the potential sentence is long, it is believed that your incentive to abscond will be higher.
• Your history: if you have a history of failing to appear at court, or if you have previously committed offences in the UK or elsewhere, any such adverse history will be held against you.
• A “Fugitive” status: a judge will also consider the circumstances of your presence in the UK. Did you deliberately come to the UK to escape justice, or were you already here when the warrant was issued?

Securing your release: bail conditions

If a judge grants bail, it will almost always come with strict conditions to mitigate the risk of your absconding. These conditions will often be more severe than those in a standard criminal case. Common conditions include:

• Security (a cash deposit): this is one of the most important factors. You or a trusted third party will be required to lodge a significant sum of money with the Court, which is forfeited if you fail to attend a hearing.
• Surety: a third party can act as a guarantor, pledging a sum of money or property as a guarantee that you will comply with your bail conditions.
• Electronic monitoring: you may be required to wear an electronic tag and/or adhere to a curfew, restricting your movements.
• Surrender of passport: you will have to hand over all travel documents to the police.
• Reporting to a police station: you may be required to report to a police station at set times.

The extradition process can be very stressful, particularly in circumstances where the allegation dates back many years or is politically motivated.

Gherson have a long history of successful involvement in high-profile and complex extradition cases. We have represented individuals whose extradition has been requested by countries including Russia, the United States, India, Georgia and many EU countries.

Our team’s lawyers are particularly adept and have considerable experience in representing clients who have made asylum claims in the UK in parallel with complex applications to INTEPROL. We can therefore provide a highly tailored legal strategy, helping clients to navigate these different forums.

Gherson can advise you in relation to all possible defences to an extradition request. We have unparalleled expertise in managing asylum and extradition requests in tandem. If you have any questions about a current or potential extradition case, please do not hesitate to contact us for advice or send us an e-mail. Don’t forget to follow us on X, Facebook, Instagram or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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