Even as a criminal solicitor in London, in over 20 years I have never come across a client accused of breaching the Official Secrets Act. Reference is often made to someone ‘signing the Official Secrets Act’, and this week I came across such a signed document, headed ‘Official Secrets Act’, amongst the papers of an elderly relative who died recently.
Contrary to many people’s belief, those who...Read More
Bail in an extradition case is decided in a similar way to bail in criminal cases in this country. The law is contained in the Bail Act and the Criminal Procedure Rules. However, the rules are very different to many other countries. The short answer to the question ‘can I get bail’ is yes, you can. Whether you do get bail or not will depend on a lot of things.
If you are arrested on a European Arrest Warrant, the first thing you will likely want to know is, ‘Can I fight my extradition?’
The answer is yes, you can. However, there are only a limited number of challenges that can be raised to a valid warrant.
As specialist extradition solicitors, JFH Crime provides invaluable advice on extradition and how to fight it. Read on to see what our experts...Read More
Roger Giese faces extradition again
On 14 August 2017, DJ Margot Coleman, sitting at Westminster Magistrates’ Court, sent the request for Mr Giese’s extradition to America to the Secretary of State (“SSHD”).
This is the second bid from the US Government to have Mr Giese extradited
American paedophile Roger Giese
The first set of proceedings started in 2014. Mr Giese argued that his extradition...Read More
Not everybody is aware that legal aid can be, and often is, granted in extradition cases. The procedure is the same as for a standard criminal case and involves an application to the Legal Aid Agency in the usual way. It is the same means test as for Magistrates Court cases, but the merits test is automatically passed. Claims for payment are made to the LAA as a non-standard fee.
If there is...Read More
Most people arrested on an extradition warrant understandably want to fight their extradition.
With the help of an extradition specialist, it is possible to fight your case, and there are several bars to extradition that may help.
However, there are only a limited number of challenges that can be raised to a valid extradition warrant. If it is what used to be called a European Arrest Warrant...Read More
Earlier this week it was reported that the Brexit Secretary, David Davis, plans to give the UK Supreme Court the final say in deciding extradition requests for British citizens under any post-Brexit European Arrest Warrant (EAW) system.
We do not know whether this proposal means that the UK courts, when dealing with non-British citizens, will continue to have the benefit of referring questions...Read More
Can extradition be ordered for minor offences? Here’s what our experts at JFH Crime have to say.
Every so often, there are newspaper reports of people facing extradition for what appear to be minor offences. For example, Irish authorities are becoming increasingly frustrated about extradition requests over offences committed decades in the past.
We have recently dealt with a case where a man...Read More
Extradition and the ‘passage of time’
It is not uncommon in extradition cases for people to be arrested many years after an offence has happened.
The Extradition Act provides some protection for people who knew nothing about a case until they are arrested. They can argue that they should not be extradited because of the ‘passage of time’. It doesn’t matter if you are just...Read More
31 July 2017, the Divisional Court handed down the case of Purcell and Penall v Belgium EWHC 1981 (Admin). The Appellants appealed against the order for their extradition to Belgium on the basis that if they are extradited, there is a real risk that they will be subjected to inhuman and/or degrading treatment due to the Belgian prison conditions. The thrust of the argument rests on the...Read More