Sahota & Sahota Solicitors have a specialist Extradition department headed by Kally Sahota providing expert legal advice and representation at the police station (24 hours a day) and at the designated Extradition Court – Westminster Magistrates’ Court.
Extradition Law covers the transfer of a person who has been accused of criminal offences in a country outside the United Kingdom to that country to stand trial or serve a sentence. Extradition proceedings can be difficult and distressing, our Extradition Solicitors are at hand to assist and represent you in terms of the legal and practical aspects of extradition, working in your best interest to achieve the best possible outcome for you and your family.
Extradition proceedings are very complex, and anyone who is worried about a possible extradition for themselves or a family member, is encouraged to contact Sahota & Sahota Solicitors without delay. We make things easy for you to understand and prepare your case from top to bottom ensuring you stand the best of chance of resisting extradition.
We have access to interpreters and translators at short notice so you can communicate with us at ease and ensure we take your instructions to the best of our ability. We can arrange interpreters in all of the worlds languages including Polish, Romanian, Hungarian, Turkish, Albanian, French, Spanish, Italian, Dutch, Czech, Russian and Portugese. Also, our lawyers speak Punjabi, Hindi, Gujrati, Urdu and Bengali.
The extradition process often starts without warning. It is important that specialist advice is obtained at a very early stage as soon as it clear that a criminal investigation has begun. Contact us on 0116 2555 155 for a free initial call to discuss your case.
All extradition in the UK is covered by the Extradition Act 2003 which came into force on the 1 January 2004. It makes a distinction between extradition to countries which are part of the European Arrest Warrant system, and to other countries which have separate extradition treaties.
We are experienced at dealing with arrest warrants from both Part 1 territories that are member states of the European Union and Part 2 territories who, while being members of the Council of Europe, lie outside the European Union. Also, members of the British Commonwealth and the United Kingdom’s bi-lateral extradition treaty partners such as the United States of America. The Extradition Act 2003 introduced a new regime and two procedures now apply depending on whether the country requesting extradition is a category 1 or 2 state.
1. A fast track European Arrest Warrant for category 1 states and simplified procedure
2. A more complex procedure for category 2 states where the country requesting extradition may have to prove a case to answer
Part 1 – European Arrest Warrant Countries
This essentially means export extradition to all EU countries operating the European Arrest Warrant (EAW) System which have been designated as such by the Home Secretary. (An up to date list of territories and their extradition status in relation to the UK can be found on the Home Office Website.
In order to extradite someone from the UK there are a number of Bars the Prosecution must overcome plus other procedural issues. ‘Bars’ are reasons for a Court to refuse to extradite, these include:
Double Jeopardy – If returning to face proceedings in the foreign state will result in double jeopardy, this means facing proceedings for the same offence twice.
Passage of time – where so much time has passed since the original offence that it is unfair or oppressive to proceed against a defendant.
Age – where the defendant would have been under the UK age of criminal responsibility when the original offence took place.
Hostage taking – Whether an earlier extradition has already taken place from another country, consent may be needed before another extradition takes place.
Extraneous issues – this means when the proceedings in the foreign state are actually a cover for an ulterior motive, or where the person will be disadvantaged during the foreign proceedings because of that same ulterior motive, for example, racial or political victimisation.
Further aspects a judge must consider:
Conviction in absence
Although putting someone on trial in their absence is fairly unusual in the UK, it happens more in the European Union. This means that EAWs are sometimes issued following a person being convicted and sentenced without having been present at their trial. In those cases, the person cannot be extradited unless they will have the right to a re-trial in the foreign state.
Compatibility with the Human Rights Act 1998
This means that extraditing the person must not breach of his or her human rights as laid out in the European Convention on Human Rights. These rights include the right to a fair trial, protection from torture or inhuman treatment, the right to respect for family life etc.
The Dual Criminality Test
The offence for which the person is extradited must be an offence in the UK as well as in the foreign state, unless it is one of a list of 32 specified serious offences which are considered to be crimes in all countries (for example, murder, drug trafficking etc.). If the offence is on that list, the ‘seriousness’ test is increased to a maximum sentence of at least 3 years in prison (where the person is merely accused) or an actual sentence of at least 12 months in prison (where the person has been convicted and sentenced).
Appeals against extradition
Either side in an extradition case can appeal the magistrates court decision to the High Court. A final appeal can go to the Supreme Court but only in cases where there is a ‘point of law of general public importance’. This usually means where the legal issue is one that could change the way the law works for other cases in the future.
Extradition Act Part 2 – Extradition Treaty Countries
There are two further categories of extradition. Each requires the agreement of both the court and the UK’s Home Secretary. The first category includes European countries which are not a part of the European Arrest Warrant system (for example Norway and Croatia), and also many non-European countries including Canada, the US, Australia, New Zealand, South Africa and Russia. These countries do not have to show the strength of the case against the person, but must provide details of the case in the foreign country.
The second category includes extradition treaty countries from Africa, Asia, South and Central America, and the Caribbean, here the extradition court has to be satisfied that there is a prima facie case (i.e. on the face of it an obvious case to answer). Extradition cases involving this category of country (which includes, Thailand, Jamaica, Morocco, Egypt, India, Pakistan) can be defeated on the strength of the evidence. The UK court must be persuaded that the case against the defendant has some real basis before extraditing.
Bars to extradition apply, including the rule against double jeopardy, and extraneous issues, Human rights issues, and the ‘dual criminality test’. Any of these may also prevent extradition.
Bail in extradition proceedings
There is a presumption in favour of bail in extradition proceedings where there has not yet been a conviction in the foreign country. The foreign country, will often try to prevent this, by making objections in court on the basis of the likelihood that the person will not attend as it is often argued that the person has escaped justice in the original country. Evidence of ties in the United Kingdom are particularly important. The court may often require a cash security before granting bail.
Our Extradition Lawyers know the conditions needed to secure release on bail and put forward the best possible bail applications in extradition cases. We have substantial experience at making bail arrangements at short notice.
Extradition Appeals
If the magistrates’ court has ordered your extradition, then you can appeal the decision but there are extremely tight timeframes for doing so. It is important to get advice immediately.
We are on hand to respond to any queries which you have immediately. Our team of qualified solicitors are accredited to represent you at the police station 24 hours a day, seven days a week. Our Extradition Solicitors are also available to provide full representation at any Court hearings. In certain cases, we will instruct a specialist London based barrister for your case.
Pick up the phone to speak to a Solicitor to discuss your case now on 01162 555 155 or complete the Call Back Form.
