Extradition

Across the full spectrum of extradition work 9BR Chambers is recognised as a “leading set” due to the track record of our specialist extradition barristers.

Recognised by both the Legal 500 as well as Chambers and Partners as a ‘leading set’ in the field of extradition law, these directories  also affirm the Extradition and Interpol Team is ‘exceptionally strong’, ‘well-regarded’ and ‘always on top of the most recent developments in extradition law’.

Our specialist extradition barristers offer a comprehensive range of advisory and representation services at all stages of proceedings. The team has an enviable track record, achieving results for clients across the full spectrum of extradition work and challenges to Interpol.

Our extradition team works in partnership with CrimeLine to produce the Extradition Hub, providing the latest commentary on recent developments in the field.

If you would like more information about the assistance 9BR Chambers can provide, please contact our Extradition & Interpol Team.

What is extradition? 

Extradition is a process that involves moving individuals accused or convicted of criminal offences from a requested country to a requesting country so that they can face trial, receive sentencing, or serve a prison sentence. As more people cross international borders, and crime becomes increasingly transnational, friendly states have developed systems to facilitate this "people movement" to prevent impunity.

Extradition arrangements generally come in two forms: multi-lateral treaties, such as the extradition provisions between the UK and EU states in the Trade and Co-operation Agreement 2020 (TCA) or the London Scheme on Extradition within the Commonwealth 1966 and bi-lateral treaties, such as the US/UK Extradition Treaty 2003.

Even when two countries do not have an extradition treaty with each other, they can reach an "ad hoc agreement" for a specific case. Recently, the UK has entered into agreements with Japan and Pakistan in these circumstances.

The Extradition Act 2003 outlines the UK's extradition law and is divided into several parts. Part 1 establishes the mechanism for extraditing individuals from the UK to EU States, based on the EU's European arrest warrant (EAW) scheme. Since the end of the post-Brexit transition period, the TCA has governed extradition between the UK and EU States. The system involves a court in the issuing State issuing an Arrest warrant, which is executed by a court in an executing state without government involvement. The National Crime Agency certifies the Arrest warrants, allowing police officers to apprehend the wanted individual.

In England & Wales, Westminster Magistrates’ Court in London hears every extradition case. A specially appointed district judge decides whether to execute an Arrest warrant after an extradition hearing where both the requesting state and the requested person make submissions for or against the person’s surrender.

Part 2 serves as the framework for the UK to consider all non-EU extradition requests. The process involves government and the courts. The Secretary of State for the Home Department (Office) decides whether to authorise the courts to consider a request, while Ministers make the final extradition decision. In between, the courts evaluate specified matters at an extradition hearing. The applicable provisions of the Act depend on the underlying treaty. For countries with a "deeper" extradition relationship with the UK, the requesting state only needs to provide a description of the (alleged) offending. For others, they must present evidence that establishes a prima facie case of guilt (although determination of guilt is the responsibility of the requesting state). Once a district judge has resolved the main issues in the case, the final extradition decision lies with the Home Secretary.