13 Common words and phrases in your extradition case
Listening to people talking to you using words and phrases difficult to understand can be very uncomfortable. This situation could be even worse if you are in serious legal trouble, for example if you are facing extradition.
So here is a guide to some of the most common words you will come across:
Before Court;
1. Requested person; the person who is wanted by the country who have issued the warrant.
2. Judicial Authority; the people who have issued the warrant. The Crown Prosecution Service (CPS) represents the Judicial Authority in this country.
3. District Judge; usually called the ‘DJ’, he or she is a qualified lawyer who hears the case and makes the decisions.
4. European Arrest Warrant (EAW); this is the actual document that has all of the information about the person who is wanted. For example what offence they are wanted for, when it happened, where it happened and so on.
5. Accusation; if you are wanted to go for a trial, and have not been found guilty already. In other words, you are ‘accused’.
6. Conviction; if you have already pleaded guilty to the offence, or been found guilty, you are convicted.
In Court;
7. Bail; when the DJ decides you can go home until you are next in court or are taken back to the country that wants you.
8. Consent; at the beginning of the case you will be asked if you consent to your extradition. In other words, do you agree to it? If you do, the DJ will order your extradition and that is the end of the case. If you give your consent, you cannot appeal and you should be extradited within 10 days.
9. Issues; the reasons why you should not be extradited. The extradition Act lists the reasons that can be given, including Human Rights issues. ‘I don’t want to go’ is not a reason under the Act.
10. Full hearing; This is the hearing where the DJ hears the evidence, listens to your evidence and to what the lawyers say about the issues. After that, the DJ will decide if you are going to be extradited.
11. Judgment; the DJ writes down his decision. This is the judgment. You will probably get this on a different day to the full hearing. The judgment has the facts of the case and the arguments put forward by both sides, the law and the reasons for the decision.
12. Discharge; if the DJ decides you do not have to be extradited, you are discharged and are free to go
13. Permission to Appeal; if the DJ decides you should be extradited, you can ask the High Court for permission to appeal.
How can we help?
Please contact us on 0207 388 1658, or email jhowey@jfhlaw.co.uk if you wish to discuss your extradition matter with us further, or to find out whether you would be eligible for legal aid for extradition matters. We have a dedicated team of lawyers specialising in extradition who are here to help you.
John Howey, Senior Solicitor
Please note that the information contained in this article was correct at the time of writing. There may have been updates to the law since the article was written, which may affect the information and advice given therein.
