Extradition is a global cooperative law enforcement process that allows one jurisdiction, usually a nation state, to return an individual to another so they can face criminal proceedings.
There are thousands of extradition agreements in place across the globe (the UK alone has agreements with over 100 countries) to streamline this process and promote a collective effort to bring criminals to justice.
However, just because an extradition request is made, does not mean it will always be successful. Every country has its own unique extradition process where the validity and motive of the request will be judged.
In the UK, extradition hearings are held almost exclusives at the Magistrates’ Court in Westminster, where a judge will consider whether any of the bars to extradition apply and decide to grant or deny the request.
Just some of the reasons that a request may be denied include potential for human rights violations if a person is returned to the place they face criminal charges or the punishment they will face being seen is dis-proportionate to the crime itself. In the UK, extradition requests are not granted where a person is set to face the death penalty.
Countries where the death penalty is in place, the USA for example, will have to guarantee that the penalty will not be imposed by providing written assurance to the Secretary of State.
Another reason that an extradition request could be denied would be if the crime for which they are accused is not a crime in the UK. In this instance any criminal conviction would be considered as disproportionate.
There is also an appeals process in place for those who have been the subject of a successful extradition request. Both the initial hearing and appeal will handles by qualified extradition lawyers whose job it is to present a case for the defence.
How does the extradition process work?
If you are the subject of an extradition request, this is how events will play out.
First a country will submit a formal request for extradition to the UK.
This request allows the police to arrest you and take you to the magistrates’ court. Once there you will have the opportunity to seek legal representation from your own extradition lawyer or you will be given a duty solicitor by the court.
If you decide to challenge the extradition request, some people consent to the request after examining the contents with their lawyer, a date will be set for your extraction hearing. You may or may not be granted bail.
What do extradition lawyers do?
Extradition lawyers are the backbone of the extradition process in the UK. Their expert knowledge is used to facilitate negotiations between nations and to assist in the writing and implementation of extradition agreements. They will also represent those who are facing extradition requests, defending them in extradition hearings and using a number of arguments to ensure that either that the request is denied or a more lenient sentence is agreed before extraction is granted.