Extradition

"A marketing leading extradition group that is certainly top of the tree."

Chambers UK 2020 - A Client’s Guide to the UK Legal Profession

Kingsley Napley has a wealth of experience in successfully defending extradition requests. We are ranked in Band 1 of Chambers & Partners UK and have a long track record of working in this field.
 

A person can be liable for extradition if they are accused, or convicted of, a crime in a foreign country.

We advise both British nationals who find themselves subject to extradition requests by authorities overseas and international high net worth individuals who may need our assistance with regard to politically motivated extradition requests or otherwise. We are also often called upon to advise foreign governments in relation to extradition requests.

We have provided advice in relation to many countries across the world, including most EU countries, the USA, Canada, Australia, Chile, Bolivia, New Zealand, Russia, Ukraine, Kazakhstan, Turkey, Serbia, Bosnia, Albania, Switzerland, Kenya, Egypt, Nigeria, South Africa, the UAE, India, South Korea, Japan, Sri Lanka, China and Pakistan. 

With the UK having withdrawn from the European Arrest Warrant (EAW) scheme, we are well placed to advise on requests that will inevitably follow in the post-Brexit regime. However, there is an increasing demand for advice in relation to extradition requests from non-EU countries, notably Russia, the CIS and India. In addition, there is a growing trend for requests from the US, in particular for financial regulatory or fraud related matters.

Even where a country does not have an extradition arrangement with the UK, it is possible for special arrangements to be made. We have an established network of international lawyers with whom we work closely to give clients expert advice wherever a request emanates from, or family members and assets are located.  

The complexity of extradition law means that it is crucial that anyone who is the target of, or believes they may be at risk of, an extradition request, takes advice at the earliest opportunity.

How we can help

  • We regularly advise clients before extradition proceedings commence. INTERPOL Red Notices are often the first indication that a person may be facing a potential extradition request. We may be able either to negotiate with the authorities to avoid extradition proceedings completely, or to obtain a more favourable outcome if a person is extradited. Preparation is key to ensure that protections are in place should an arrest or formal request be made.
  • The first stage of an extradition case will involve a bail application and work must be done to ensure a full bail package can be presented to the court in case of arrest. 
  • Where an extradition request is made, we advise on the technical, statutory and human rights challenges available and seek to proactively defend our clients from these requests. Challenges to extradition include human rights considerations, such as the right to a fair trial, the right to a family life, and the right not to suffer inhuman or degrading treatment. Other ways of defeating extradition may be based on the specific content of the extradition request itself. The UK also provides a number of bars to extradition, which include the passage of time, double jeopardy, and the physical or mental health of a person. 
  • We are skilled at gathering the best evidence to support any challenges to extradition and have well-established associations with a number of international experts and NGOs who may be able to assist client cases.

Our approach

Defending an extradition case will involve quite different considerations from a case which is prosecuted domestically. 

Whether matters involve complex cross-border asset protection or the risk of political persecution, our strength is in advising on the strategic considerations involved.

We work as necessary with other departments within the firm to provide advice across several disciplines, including immigration, dispute resolution and family law.

We are also aware of the importance of reputational considerations and frequently work on high profile cases with our experienced reputation management colleagues to help protect clients from adverse publicity.

Our involvement in associations such as the International Bar Association, the European Criminal Bar Association, and AIJA (the International Association of Young Lawyers), means that we have strong links to a network of international lawyers with whom we work closely to achieve favourable outcomes for clients.

If you would like to discuss any of the issues mentioned above, please contact one of our specialist Extradition lawyers.

They are very good at ensuring their clients get the best service while also being very realistic with them and managing what they can expect. The team acts with finesse and finds every angle on a case."

Chambers UK 2021

One of the standout firms for extradition."

Chambers UK 2020 - A Client’s Guide to the UK Legal Profession

The 'very strong' team acts for individuals and corporations in cases concerning driving offences, extradition, sexual offences, fraud and matters with international elements."

Legal 500 UK 2020

Viewed by some as 'a market leader in this field', Kingsley Napley LLP is notable for its 'wealth of experience in all areas of criminal and regulatory work' while its extradition practice is 'extremely well respected'."

Legal 500 UK 2020

"Extradition superstar" and considered to be "one of the best in the business."

Chambers UK, 2019 - about Rebecca Niblock

I would put them at the very top of the tree for their long history of defending very difficult cases."

Chambers and Partners UK, 2019

A top-tier extradition firm that has a real strength and depth."

Chambers UK, 2019

They have got a very good team of highly experienced extradition lawyers, many of whom have cut their teeth on difficult legal aid cases. They have got a wide range of experience to call upon for different jurisdictions and different problems."

Chambers UK, A Client's Guide to the UK Legal Profession

Superb extradition team regularly handling sensitive and complex extradition matters, often with an international criminal law element."

Chambers UK, A Client's Guide to the UK Legal Profession

Extradition Insights

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News

Extradition post-Brexit - Áine Kervick quoted in The Law Society Gazette

Brexit deal: UK takes step back in cross-border enforcement - Louise Hodges quoted in GIR

Attorney General's rule of law record could hinder EU extradition deal - Rebecca Niblock comments in Free Movement

Goldman's Europe boss among 17 bankers charged in Malaysian 1MDB probe - Rebecca Niblock quoted

Julian Assange could face extradition requests from two countries: What happens next? - Katherine Tyler quoted in TIME

International Criminal Law Roundup - Q1 2019

UK Judges block extradition of Russian tax fraud suspect - Rebecca Niblock quoted in Law360

Judges block extradition of Russian oligarch over torture concerns - Rebecca Niblock comments in The Times

Russian bid to head Interpol fails, but concerns of abuse remain - Rebecca Niblock comments

Jonathan Grimes writes for The Times

'A battle between law and politics' - Rebecca Niblock has been quoted in The Times

House of Lords: Extradition report published

IBA Annual Conference on International Criminal Law: 31 January – 3 February 2015, The Hague

Extradition: removing the automatic right to appeal will lead to injustice

Extradition law: a practitioners guide. Published soon, pre-order today…

McKinnon extradition response: a change in extradition law?

Julian Assange can't avoid arrest for long

Insider dealing charges for head trader at Blue Index successfully defended by Jill Lorimer and Stephen Gentle

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Blogs

The UK reacts to China’s increased pressure on the pro-democracy movement in Hong Kong and its overall human rights record

Extradition (Provisional) Arrest Bill: Second Reading

Dying hope for a post-Brexit extradition deal

What is an Interpol Red Notice and what are the practical implications for Anne Sacoolas?

More nails in the coffin for Russian Federation extradition requests?

Amendments made to the process of extradition requests under the Extradition Act 2003

Extradition (Provisional) Arrest Bill: a sticking plaster?

Changes proposed by the Extradition (Provisional Arrest) Bill

Cross-border criminal justice post-Brexit – Operation Yellowhammer

Dubai: The enforcement of orders made in family proceedings and the role of Interpol

No deal Brexit and financial crime: proposed regulations published

No deal Brexit: what this would mean for extradition?

Corporate and individual accountability for international crimes: Kingsley Napley hosts second International Criminal Law Conference

“A sorry state of affairs” – Lazarov v Bulgaria and R (Lazarov) v Westminster Magistrates’ Court

MPs scrutinise rules for new powers to gather electronic evidence overseas (OPO)

Good reason to reconsider the benefit of the doubt accorded to Russia in extradition cases

A South Korean president will not prevent the abuse of INTERPOL: root and branch reform is needed

#Brexit Withdrawal Agreement: transitional arrangements for the European Arrest Warrant

Brexit and the EAW: at least now we know what we don’t know

ICC Crime of Aggression comes into force

The death penalty: do we, or do we not, oppose it?

Why the International Criminal Court should be supported

Long arm of the law: new powers to gather electronic evidence overseas

Celebrating 20 Years of the Rome Statute of the International Criminal Court

International families and the price of child relocation without consent

Tackling the big issues in International Criminal Justice

International Criminal Law – A Month in Review – April/May 2018

UK-EU security cooperation post Brexit (Part II) - ringing the alarm bell!

UK-EU security cooperation after Brexit (Part I) - approaching the cliff edge

Irish ruling on Polish extradition request has potentially far-reaching consequences for EAW scheme

Has Brexit undermined the UK’s ability to extradite its fugitives?

Extradition: The Divisional Court has refused to extradite alleged génocidaires to Rwanda--will a domestic prosecution follow?

Post-#Brexit extradition arrangements: clarity called for

Genocide – Whether there exists an obligation in the UK to extradite or prosecute in such cases

Justice and Security - A series on the EU, the UK, and the outlook post-Brexit: blog #3 - Looking at the EAW

Justice and Security - A series on the EU, the UK, and the outlook post-Brexit: blog #2

‘A very important time…in the security landscape of Europe’: director of Europol speaks to the Home Affairs Committee about the organisation’s future

Justice and security: A series on the EU, the UK and the outlook post-Brexit: blog #1

Universal jurisdiction and the refugee crisis

Khmer Rouge leaders’ life sentences to remain

The UK, Europol…and the EU? Government announces intention to opt-in to new Europol framework creating closer ties with the EU

International criminal law – a month in review September-October 2016

Brexit means Brexit but what about the European Arrest Warrant?

European Arrest Warrant: EU Court examines deduction of detention periods

Mutual Recognition, Mutual Trust? Detention conditions and deferring an EAW

Global Criminality and Mutual Legal Assistance

Universal jurisdiction – cases in the UK

Extradition and Russian prison conditions – genuine improvement or Potemkin Village?

Extradition and police powers: Home Office seeks views

Seeking assurances: House of Lords revisit debate on Extradition

International Criminal Law – A month in review – August 2015

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