Crime Videos

Date when Video was Published: 03/10/2023

EXTRADITON Extradition is the legal means by which other countries request the ‘surrender’ of people in the UK in order to stand trial or serve a prison sentence. It is rooted in the notion that different countries share a mutual interest in ensuring that suspected criminals or convicted fugitives are not able to escape sanction by simply fleeing the jurisdiction. The process begins by the making of an extradition request, the form of which can vary from country to country. These cases are all heard by Westminster Magistrates Court where you will be produced after an arrest has been carried out. One of the very first question you will be asked is whether you consent to your extradition. If you say yes, this will be treated as final and you will have no recourse to appeal of change your mind. If you say you do not consent, extradition proceedings will be opened and the court and parties will move towards a final hearing date to determine the request. Here at Duncan Lewis, we are experts at challenging these requests, which can be done on several grounds. The first question is whether the request is ‘valid’ – as to which there are complex technical rules about what information must be included. Second, do any ‘bars’ to extradition exist? These are statutory grounds upon which the request for extradition can be refused, such as oppression by reason of ill health, double jeopardy, delay and the passage of time and proportionality - assessed against the seriousness of the sentence/accusation. Extradition can also be refused on human rights grounds – most commonly by reference to the European Convesntion’s Article 8 (family and private life) and Article 3 (prison conditions), but also Article 5 (right to liberty) and Article 6 (right to a fair trial) Extradition is an area of law that is developing all the time and determining which Human Right arguments can be raised requires up-to-the-minute information on issues such as prison conditions and judicial independence in different countries Duncan Lewis have successfully fought off extradition requests from all over the world. Our expert extraditions lawyers will be able to guide you through the entire process with confidence, For more information, please visit our website, or call 033 3772 0409 to speak to one our specialists

Disclaimer

This video content was created on 03/10/2023 to provide an overview of the legal position and the information was correct at the time this video was created. This video has been produced for purposes of generic information and marketing purposes only. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularised advice of your own legal advisor. Please consult one of our lawyers to provide you with advice and assistance on any matters touched on this video. Viewing of this video does not create legally binding advice and does not create a retainer with Duncan Lewis Solicitors. This video is Copyrighted at Duncan Lewis Solicitors 2023. Any illegal reproduction of this content is prohibited and will result in immediate legal action.