Securing Bail In Extradition Cases

Our team of extradition experts understand that in extradition cases, there is often tough opposition to bail. Bail in these circumstances will often only be granted if there’s a strong package of conditions provided.

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.


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Can I speak to a lawyer?

Yes, you have the right to be represented. At the…

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Yes, you have the right to be represented. At the police station you can ask to call a lawyer of your choosing.
At court you are entitled to be represented throughout.

It is possible to arrange representation before arriving at court – this can be done directly yourself or through your family.

Those who have no lawyer at court will be offered the opportunity to speak to the duty solicitor free of charge. There is a rota of solicitors at court every day who deal with any unrepresented defendants.

The duty scheme is only available for your first appearance at court, after this you will need to arrange your own lawyer.

How long does the Extradition process take?

For Arrest Warrant cases under Part 1 of the Extradition Act 2003,…

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For Arrest Warrant cases under Part 1 of the Extradition Act 2003, an extradition hearing is meant to commence within 21 days of your first appearance in court. In practice, this date will often be adjourned and the whole process usually takes around 2 – 3 months.

For non-EU cases under Part 2 of the Act, extradition usually takes around 6 – 9 months.

The actual extradition hearing can take anything from a matter of hours to many days depending on the complexity of the case.

What evidence do they need to extradite me?

People often think that a court needs to be sure…

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People often think that a court needs to be sure of their guilt to extradite them. This is untrue.

Under the Arrest Warrant scheme no evidence of the alleged offence is ever required.

Some non-EU countries are still required to show a prima facie case but for many countries – including the USA and Russia – this is not the case.


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