Extradition Appeals

 
 
 
 
 

Overview

With tight deadlines, strict rules and complex proceedings 9BR Chambers possess the expertise to successfully navigate courts in the UK and Europe having shaped key concepts of extradition and human rights law.

Our extradition barristers bring experience and expertise to their regular appearances in the High Court and the UK Supreme Court. In proceedings before the Supreme Court our counsel have played a roll in shaping key concepts of UK extradition law. When the UK was part of the EU, 9BR Chambers initiated the UK’s only preliminary reference (referral) to the Court of Justice of the European Union concerning the European arrest warrant.

9BR Chambers counsel carefully navigate the tight timelines necessitated by extradition orders. We advise clients on first instance decisions and potential grounds for appeal, which must be lodged within 7 days for EU countries or 14 days for non-EU countries. Proceedings move swiftly once notice of appeal is given with strict rules governing document submission and what can be argued and introduce as fresh evidence on appeal. 

If necessary, we provide guidance on the highly technical and time-constrained process of applying to the Supreme Court as well as the European Court of Human Rights. If a point of law involves ‘general public importance’ we can apply for certification to the Supreme Court. If all challenges in the UK are unsuccessful, we advise on whether the extradition violates the European Convention on Human Rights 1950 and seek a delay or stay in removal through a request for interim measures or Rule 39 request.

9BR Chambers are expert in determining where principles from EU cases can be presented in UK courts. Although Brexit means cases cannot be referred to the Court of Justice of the European Union, UK courts are still required to consider relevant decisions of the CJEU. 

We also bring a powerful network of legal and subject matters experts from Europe and beyond and provide guidance on the prospect of filing an appeal or an application before a court in the requesting state, thereby allowing extradition to be contested in both jurisdictions.