Extradition is the process by which one country seeks to transfer an individual to another country to face prosecution, trial or sentence.
Extradition proceedings are complex and often fast moving. We have the knowledge and expertise to fight extradition from arrest right through to appeals at the Supreme Court and European Court of Human Rights.
The Extradition Act 2003 governs the process of extradition. The case law surrounding this area is complex and Nicola Hall has dealt with extradition cases both at the High Court and at the Supreme Court dealing with the most serious of matters.
There are different arrangements for extradition dependent upon the status of the country making the request
Extradition from EU Member States is subject to the provisions contained in Part 1 of the 2003 Act. A country applying for the extradition of an individual will seek a European Arrest Warrant. Once that is executed the individual will be taken to Westminster Magistrates Court where the Court will scrutinise it. We are able to provide expert representation to ensure that such applications are challenged appropriately and that all potential avenues to defend an application are explored
In addition to EU countries there are a large number of countries known as Category 2 countries where there are arrangements in place for extradition once a request has been made to the Court in Westminster.
Other countries may also enter into specific arrangements for extradition to take place for particular individuals.
These cases can be funded by legal aid. Where legal aid is not available we would discuss with you the funding of your case at reasonable rates.
As extradition cases can move quickly it is important to make contact with the right lawyer as soon as you are aware of any potential issue so that your case can be fully and expertly prepared.
Extradition to the UK occurs where a person suspected of an offence in the UK is found to be resident abroad. Once the request is made the application is made subject to the law of the country where the individual is arrested. We can assist in this process as having a lawyer in the United Kingdom instructed at the earliest opportunity can greatly assist in the progress of the criminal charges.