Extradition

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

Chambers UK 2014, A Clients' 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 superb international reputation for our work.  Having worked in this field for several decades, we have built up considerable knowledge regarding both EU (European Arrest Warrant “EAW”) and non-EU extradition cases and have an established network of international lawyers with whom we work closely.

We regularly advise clients before extradition proceedings commence. We have the skill and experience to deal with Interpol Red Notices, which are often the first indication that a person may be facing a potential extradition request.  In many cases, we are able to either negotiate with the authorities to avoid extradition proceedings completely or to obtain a more favourable outcome if a person is extradited. 

Where an extradition request is made, we advise on the technical, statutory and human rights challenges available and proactively defend our clients from these requests.  We have notable experience of successfully defending political extraditions. 

Our lawyers 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.

A person can be liable for extradition if they are accused, or convicted of, a crime in a foreign country.  Even where a country does not have an extradition arrangement with the UK, it is possible for special arrangements to be made. 

An extradition case will have several stages.  Before extradition, preparation at an early stage is important in order to ensure that protections are in place should a 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.  Following the bail application and service of the extradition request, we undertake a thorough review of the extradition request and the particular circumstances surrounding it.  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. 

Defending an extradition case will involve quite different considerations from a case which is prosecuted domestically.  We have the expertise to advise on the strategic considerations that are involved in any extradition case and, working in conjunction with other departments within the firm, are able provide advice across several disciplines, including Immigration, Dispute Resolution and Family. This enables us to provide a unique offering in delivering solutions to clients facing the most complex cross-border legal problems.  We are well aware of the importance of reputational considerations and frequently work with our experienced reputation and media team to protect our clients.

The team regularly lectures in relation to the extradition process under the Extradition Act 2003.  Given our unrivalled history of dealing with high profile and complex extradition cases, we also advise foreign governments in relation to extradition requests. 

We are closely involved in a number of international lawyers’ associations (including the International Bar Association, the European Criminal Bar Association and AIJA, the International Association of Young Lawyers), meaning that we have strong links to a network of international lawyers and are able to work with those lawyers to achieve favourable outcomes for clients 

"They work to a very high standard, papers are immaculately prepared and you have every support. They are great to share ideas with, they understand the issues and they have a good rapport with counsel."

Chambers UK, 2017

"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 2016, A Clients' 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 2014

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Blogs

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

Bribery and Corruption: judge opens window to FCPA challenge by UK citizen

Extradition of Rwandan General halted – why didn’t ‘universal jurisdiction’ apply?

Extradition under review: Home Office responds to Lords

What happens in Vegas stays in Vegas – unless you get extradited to stand trial there

The arrest of General Karake – implications for the exercise of universal jurisdiction

Al-Bashir controversy: has standing of the ICC increased?

Polish judicial Authority v Celinski: the end of Article 8 in extradition?

Secret justice in the family and criminal courts: is it necessary?

Extradition lawyer criticises UK Government over European Arrest Warrants

Legal update: Investigation and prosecution of international crime by the state in the UK

Another step forward for Universal Jurisdiction

The new forum bar – will it stem the increase in US extraditions?

Syrian crisis – is there still a role for the UK?

Snowden – whose nerve will break first?

War Crimes Suspects in the UK – Deport, Extradite or Prosecute?

DPP’s guidance on the decision to prosecute in multi-jurisdictional case – is co-operation realistic?

Leave to appeal step debated for extradition cases – a level playing field?

Corporate Criminal Liability - Elephant in the room spotted

European Arrest Warrants – can we trust our neighbours to be fair?

Extradition and deportation – are you confused?

Interpol Red Notices and how to deal with them

The European Supervision Order – a European Directive aimed at reducing the need for pre-trial detention

Forum Bar – A compelling argument?

European Court of Human Rights Supports Extradition of Abu Hamza to the US

US Extradition

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