Securing Bail in Extradition Cases
We have an enviable track record of successfully securing bail for our clients and our expertise includes making successful bail applications at short notice.
How to Securing Bail in Extradition Cases
What is Bail in extradition cases?
Bail in extradition cases is covered by the Bail Act 1976.
Where the requested person is wanted to face an accusation, the starting point is that there is a ‘presumption in favour’ of bail.
In conviction cases, where the requested person has been convicted of the offences which are the subject of the request, there is no presumption in favour of bail.
In deciding to grant bail in extradition cases, the court may consider whether to impose stringent bail conditions. These may typically include, but are not confined to:
- Provision of a security/ surety;
- Surrender / retention of travel documents;
- Prohibition against applying for travel documents;
- Geographical restriction from being near travel ports or airports;
- Regular reporting to the police station.
What happens if I breach Bail?
Although extradition proceedings are dealt with exclusively at Westminster Magistrates’ Court in the UK, where a person is brought to another court for a breach of bail there is jurisdiction to deal with the breach in the usual way.
Can I appeal a Bail refusal?
Persons refused bail at the magistrates’ court may apply for bail to the High Court, but this can only be done after the magistrates’ court has refused bail twice. It is also possible to appeal against the granting of bail in extradition cases.
If you, or someone you know, have been arrested, or likely to be, contact a member of our team who will be able to put together a bail package to secure the best chance of release.
For more information about us and our Extradition, Mutual Legal Assistance and Interpol services, please contact a member of the team.