If another country is seeking your extradition from the UK for criminal offences allegedly committed abroad, you can fight the extradition on various grounds.

Fighting an extradition order? Speak to our solicitors

Get free, expert legal advice from our criminal defence solicitors about fighting an extradition order. We have helped other people in your situation in the past. We can help you too. Contact us now for a free initial enquiry.

Extradition orders from the UK

An extradition request is when another country asks the government to ‘hand over’ an individual currently located in the United Kingdom. The request is made because the foreign country wants to try or sentence that individual for a criminal offence, or because he/she is yet to serve an outstanding prison sentence.

If a foreign jurisdiction is seeking your extradition, then it will obviously be a worrying time for you. Your extradition might mean certain imprisonment or unfair treatment. It might also be a huge upheaval for your family, especially if you have made the UK your home in recent years.

However, all is not lost: you can fight an extradition request. To find out how, it helps to understand the process involved.

The extradition process

Firstly, the other country makes an extradition request. UK authorities will assess the request and decide whether or not to ‘certify’ it. The authorities want to ensure that:

  • The extradition request relates to the correct person; and
  • The individual is above the age of criminal responsibility in the UK;
  • The grounds for the extradition amount to a criminal offence in the UK; and
  • The alleged offence carries a prison sentence of at least 12 months in the other country

If the extradition request is certified, a warrant is issued for your arrest. Once you have been arrested, an extradition hearing will be listed at Westminster Magistrates’ Court.

We recommend that you get legal representation as soon as you are arrested, if you have not already done so. Contact us at Ashmans Solicitors. We are available to take your call 24 hours a day, 7 days a week.

Call us on 0333 009 6275. You can also email us on enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we’ll be in touch soon.

Statutory bars to extradition

You have the opportunity to fight the extradition at the extradition hearing. There are various reasons which would persuade a judge to refuse an extradition. The first five reasons are called ‘statutory bars’.

The five statutory bars to extradition are:

  • Double jeopardy – a person cannot be tried twice for the same offence
  • Extraneous circumstances – where the person is really being prosecuted because of certain characteristics, such as their race, religion, nationality, gender, sexual orientation or political opinions
  • Passage of time – where it would be unjust to try an individual due to the amount of time that has passed in between the offence being committed and the extradition request being made
  • Hostage taking – where the extradition would contravene the rules laid out in the Hostage Taking Convention
  • Forum – where a significant part of the alleged criminal activity happened in the UK, meaning it is in the public interest to pursue a prosecution in the UK instead

You can also argue that the extradition would constitute a breach of your human rights. The UK adheres to the European Convention of Human Rights (ECHR). Extradition orders are typically opposed on the grounds of:

  • Article 3, which prohibits torture, or inhuman or degrading treatment
  • Article 5, which provides the right to liberty and security
  • Article 6, which provides the right to a fair trial
  • Article 8, which provides the right to respect for private and family life
  • Article 14, which prohibits discrimination

Furthermore, a judge may oppose the extradition if it would be unjust or oppressive due to your ill health.

Therefore, a judge cannot issue an extradition order if:

  • There is one or more statutory bar
  • It would breach your human rights
  • It would be unjust or oppressive due to your ill health

If the judge finds no reason why an extradition order should not be granted, the order will be sent to the Home Secretary for final approval.

Can the Home Secretary refuse to sign an extradition order?

The Home Secretary must then check whether there are any other grounds for refusing the extradition order. There are four reasons why the Home Secretary might refuse to sign the order, which are:

  • The person is at risk of the death penalty
  • The person is at risk of prosecution for offences not originally listed on the extradition request
  • The person has previously been extradited from another country to the UK, meaning the consent of that country is required
  • The person has previously been transferred to the UK by the International Criminal Court

You can argue against your extradition order on any of these grounds. If the Home Secretary agrees with you, then the extradition order must be refused.

Leave to appeal

The Home Secretary is only allowed to consider the four grounds listed above. If none of these grounds apply, the Home Secretary is compelled to sign the extradition order. However, that is not necessarily the end of the road, as there are still legal avenues you can pursue. You can apply to the High Court for leave to appeal against the decisions of the judge and the Home Secretary.

It is worth noting that the prosecuting authority can also pursue an appeal, if your extradition is not ordered.

But I’m not guilty – why am I being extradited?

If the UK is asked to surrender an individual, the country making this request does not necessarily have to prove that the individual is guilty. They are simply asking the UK to extradite someone, so they can be tried and/or sentenced according to the laws of that country. This applies to countries making a request under the European Arrest Warrant (EAW) scheme, as well as countries such as Australia, South Africa, the USA and Canada (amongst others).

However, these countries do not get ‘special treatment’. According to a government factsheet, the UK has refused 24 extradition requests made by the USA. We are simply trying to make the point that UK authorities will not ascertain your innocence or guilt when deciding whether to approve an extradition order. Rather, they will determine whether or not the request meets the legal requirements.

Defences against an extradition order

To summarise, you may be able to fight an extradition order if:

  • It is not an extradition offence
  • It would mean you are tried twice for the same offence
  • You will be prosecuted because of your race, religion, nationality, gender, sexual orientation or political opinions
  • It has been a long time since the alleged offence took place
  • The extradition would contravene the rules laid out in the Hostage Taking Convention
  • It is in the public interest to pursue a prosecution in the UK instead
  • It would breach your human rights
  • It would be unjust or oppressive due to your ill health
  • You are at risk of the death penalty
  • You are at risk of prosecution for offences not originally listed on the extradition request
  • You have previously been extradited from another country to the UK, meaning the consent of that country is required
  • You have previously been transferred to the UK by the International Criminal Court

We have proven experience in fighting extradition orders. In one case, we represented a Hungarian Roma who was at risk of an unfair trial, and inhumane or degrading treatment, if he was returned to Hungary. The case went to appeal where the High Court found in our favour.

If a foreign jurisdiction is seeking your extradition – and you do not consent to the extradition – please contact us at Ashmans Solicitors. These cases can only be fought on complex legal grounds. It is vital to show that your case meets one or more grounds for refusal, or the extradition will be granted. We can represent you throughout proceedings.

Are you at risk of extradition? Contact us now

Call us on 0333 009 6275. We are available to take your call 24 hours a day, 7 days a week.

You can also email us on enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we’ll be in touch soon.