ExtraditionMeet the team
The specialist Extradition solicitors at DPP Law have extensive experience in challenging Extradition requests.
We understand that the threat of being removed from your current country of residence can be extremely concerning, particularly if the charges against you are false.
We will work alongside you either to help gather evidence of your innocence and defend you in a court of law in order to clear your name and nullify any warrant, or to insist that your situation does not qualify for the use of an EAW or any similar permission to extradite you.
“Extradition” refers to the transporting of a person who is believed to have committed a crime in one country, and currently resides or is in hiding in another, to the original territory in order to be brought to justice.
Currently, it is possible for an individual who has been convicted of or charged with a serious crime by the judicial system of a different European member state to face Extradition proceedings as the result of a European Arrest Warrant (EAW) being executed against them.
When it comes to non-EU countries, the approach to Extradition proceedings depends on the laws of the country itself. If a warrant is successfully issued, the individual in question will be returned to the issuing country to be tried or imprisoned.
Our Extradition solicitors and business crime Extradition solicitors are experienced in working with clients facing allegations that may see them extradited.
In cases where the European Arrest Warrant may be executed, in order to apply to extradite a suspect or convicted criminal, the allegations against the individual in question must:
- Be based on reasonable grounds
- Represent an offence that was committed within the relevant country or be deemed an extra-territorial offence
- Be punishable by more than 12 months in prison or more if the person in question has only been accused of the offence, or 4 months in prison or more if the person has already been convicted
The suspect must also have already had a domestic warrant taken out against them.
These rules only apply to requests from Category 1 territories. Those of other categories vary significantly, particularly when it comes to non-category 1 or 2 territories, with whom the UK has no formal Extradition agreements.
Because Extradition may be sought for a wide variety of offences, it is vital for your business crime Extradition solicitors – or other legal representatives – to be highly experienced in the complexities of international law and to have full knowledge of the steps to take in challenging Extradition requests.
Frequently Asked Questions
What is Extradition Law?
Extradition Law is the legislation that regulated the abilities of various countries to request that an individual suspected or convicted of committing a crime to be transported back to the country in which that offence was allegedly committed.
What are the different types of export Extradition Warrant?
The three types of Extradition Warrant are based on the three categories of territory with whom the uK may have Extradition dealings. These are:
- Category 1 – EU member states (which currently operate under the European Arrest Warrant System)
- Category 2 – including Switzerland, Norway, US, Canada and Australia, with whom the UK has an official Extradition arrangement in place
- Non-Category 1 or 2 – countries with whom the UK currently has no set Extradition arrangement.
Extradition proceedings can become complex in instances where the third type of Extradition Warrant is involved, so the engagement of highly knowledgeable serious crime or business crime Extradition solicitors is vital in these cases.
What should you expect at the First Extradition Hearing?
Your initial hearing must be held within 48 hours of your arrest under the relevant warrant. First, your identity must be formally confirmed. You will then be informed by a judge of the means by which you may consent to your Extradition, and, should you refuse to consent, a date will be fixed for your Extradition Hearing.
At the next hearing – taking place within 21 days of your arrest – the court will decide whether Extradition is a proportionate action to take. If this is found to be the case, your Extradition will then be ordered.
The solicitors at DPP Law have a comprehensive understanding of Extradition Proceedings across all territories. For further information on our services, contact us today.
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