Expertise
Our dedicated extradition team, supervised by our founding solicitor with 20+ years of practice especially in Criminal Litigation, can help assist you if you face extradition proceedings.
We have represented and advised clients for extradition cases of first instance at Westminster Magistrates’ Court and even for appeals against extradition at the High Court.
Extradition
Extradition is the formal legal process where one country asks another country (with whom they have an extradition agreement) to be tried for criminal charges.
It is important to understand a distinction between countries seeking the UK to extradite a person known as Category 1 and Category 2 countries (Extradition Act 2003).
The below Category 1 countries use the European Arrest Warrant system and consists of EU Member States which can speed up the extradition process:
| Austria | Belgium | Bulgaria | Croatia |
| Czech Republic | Denmark | Estonia | Finland |
| France | Germany | Greece | Hungary |
| Ireland | Italy | Latvia | Lithuania |
| Luxembourg | Malta | Netherlands | Poland |
| Portugal | Romania | Slovakia | Slovenia |
| Spain | Sweden |
The below countries are Category 2A which means they are not required to have some initial evidence (prima facie) in order to support the extradition request:
| Australia | Canda | Hong Kong Special Administrative Region |
| Iceland | Israel | New Zealand |
| Norway | South Africa | Switzerland |
| Turkey | Ukraine | United States of America |
| Portugal | Romania | Slovakia |
The below countries are Category 2B which means they are required to provide some initial evidence (prima facie) in order to commence the extradition process:
| Argentina | Brazil | India |
| Jamaica | Kenya | Nigeria |
| Pakistan | Thailand | United Arab Emirates |
| Zambia | Zimbabwe |
Pricing
All costs given on our website are only indicative of a typical case. We will assess each case based on its own complexities, merits and foreseeable costs.
Fee Structures:
Our most common fee structure for extradition proceedings is ‘fixed fee’.
A guide price for the entire proceedings at the Magistrates’ Court level (excluding any disbursements) is £5,000.
We reserve the right to charge on an ‘hourly rate’ basis if the case becomes complex. Our solicitor’s rate for this is £300 + VAT in line with HMCTS guidance for solicitors’ with more than 8 years’ experience.
You will be informed appropriately if this becomes applicable. We will always endevaour to give you an accurate price estimate within the fixed fee agreement.
Work Covered:
Under a fixed fee agreement there are limitations of what is included in our scope of work which we list below for your information.
Included
- Preparation
- Considering the evidence against you
- Taking your instructions
- Advising on prospects of extradition
- Attendance and representation at Westminster Magistrates’ Court hearings
Not included
- Instruction of expert witnesses (eg prison report)
- Drafting witness statements to support your case (unless otherwise agreed)
- Advice or assistance in relation to a High Court appeal
Main Stages
- Pre-Arrest Enquiries – checking whether an extradition request exists and advising on risks
- Arrest & Initial Hearing – representation at first court appearance.
- Case Preparation – reviewing the request, gathering evidence and preparing arguments (including human rights grounds)
- Extradition Hearing – contesting extradition before Westminster Magistrates’ Court
- Decision of Magistrates’ Court – the lay magistrate bench / district judge either orders extradition or discharges the case.
- Appeals – challenging decisions in the High Court (if any prospects exist)
Complicating Factors
While we do our best to avoid your matter becoming unduly complicated, at times this is unavoidable.
The following factors can result in a more complicated case than first anticipated and it is important that you are aware of them:
- Human rights issues (e.g. prison conditions, right to family life under Article 8 ECHR)
- Political or asylum-related claims
- Multiple jurisdictions making competing requests
- Seriousness of the alleged offence abroad
- The need for expert evidence (e.g. on prison conditions)
- Appeals to the High Court, which can be a significant cause for delaying the whole process
Timescales
You may be wondering how long your matter will take from first instructing us until the conclusion of the case.
This short answer is that the timescale of extradition tends to be quite short unless they are appealled. The initial extradition hearing normally takes place within 21 days of arrest.
Straightforward Category 1 cases may usually be resolved within 3–6 months.
Complex Category 1 or Category 2 cases can take 6–12 months.
Appeals to the High Court: may extend the process significantly due to listing delays.