An extradition lawyer will be able to advise you whether there are any technical defects to the extradition request or procedure that mean you should be discharged.
If there are no defects in the request and the offences are what are described as “extradition offences” – again an extradition lawyer will be able to advise you on this – then the court will consider whether your extradition should be barred for various reasons. These include, but are not limited to the following:
Double jeopardy – you have already dealt with the offences
Extraneous considerations – the warrant has in fact been issued to persecute you, or you would face prejudice on your return as a result of your race, religion, gender, sexuality or political beliefs
Passage of time – it would be unfair or oppressive to extradite you because of the time that has past since the offence or conviction
Forum – the offence should be prosecuted in the UK rather than the requesting country
It is also possible to defeat the request for extradition if you can demonstrate that:
You were involuntarily convicted in your absence and you are not entitled to a retrial
Your extradition would not comply with your human rights under the European Convention on Human Rights
Your physical or mental health is such that it would be unjust or oppressive to extradite you
The extradition is an abuse of process
These potential defences are often complex and require the careful use of evidence. You should speak to a lawyer who can advise you properly on your individual circumstances.
Extradition is the process that occurs when a country requests the transfer of an alleged or convicted criminal to another country to face trial or punishment.
The form that an extradition request takes varies depending on which country is requesting your extradition.
Extradition request from European Union (“EU”) country
Within the EU the European Arrest Warrant (“EAW”) is used. As part of Brexit and the UK leaving the EU, all EAWs to the UK from the EU issued before 31 December 2020 where no arrest has yet been made will now be treated as “Arrest Warrants”. Therefore going forwards if a EU country now requests your extradition from the UK this will be via an Arrest Warrant rather than a EAW. This Arrest Warrant still acts as a warrant for arrest and a request for extradition. You can be arrested on an Arrest Warrant without any further warrant from a UK court.
Extradition request from non-EU country
If a non-EU country is requesting your extradition a formal extradition request is made to the Secretary of State for the Home Department.
For non-EU countries there will be a domestic warrant for your arrest issued by Westminster Magistrates’ Court.
No, the po…
No, the police will not interview you in relation to the extradition. Their role is simply to take you to court as soon as possible.