Certificate for Counsel in Extradition
In both Part 1 and Part 2 extradition proceedings, there is scope for an application to be made to Court for a ‘certificate for counsel’ pursuant to Regulation 16 of the Criminal Legal Aid (Determinations by a court and Choice of Representative Regulations 2013/614).
The test under Regulation 16 is whether there are circumstances in the extradition proceedings which make the case ‘unusually grave’ or ‘difficult’, meaning that representation by an advocate is ‘desirable’. There is no need for the case to be considered uniquely difficult or grave.
An application should be made in writing and sent to the dedicated email address for extradition matters at Westminster Magistrates’ Court. The Court’s current practice is to list the case for an application for a certificate for Counsel so that oral submissions may be made. However, it is advisable to include as much detail as possible in the written application; set out a background of the history of the case, issues to be raised, brief instructions and conclude why the case is complex and requires counsel’s input.
If a certificate is granted by the court, the Legal Aid Agency will send an assigned counsel Representation Order. All communications to Counsel and clerking may be claimed in the CRM7 bill.
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.
Cheryl Low, 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.
