Can I challenge my Extradition?
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 (EAW), now known as a TCA warrant, the District Judge hearing the case does not look at the evidence against you in the country asking for your return.
They are not concerned with whether you are guilty of the offence or not. They are simply dealing with a request for you to be extradited to be dealt with under the law and procedure in the requesting country.
How can you challenge your extradition?
There are several ways to challenge your extradition:
Human rights
Judges in extradition cases must consider if a person’s human rights will be violated if they are returned to the requesting country. They must consider whether extradition would be disproportionate, based on the person’s personal circumstances, the alleged conduct of the person, the prison conditions of the requesting state, and many other complex factors.
The passage of time
There are 10 bars to extradition in the extradition act. The most used of these (apart from human rights issues) is the passage of time, where a person argues that because of the amount of time that has passed since the offence, it would be ‘unjust’ or ‘oppressive’ to extradite them.
Although it is common for long periods of time to pass between the offence and a person’s arrest, most people are not able to use this as a reason to oppose their extradition. If a person knows about the case but decides to leave the country and this causes the delay, they cannot say that the amount of time that has passed means they should not be extradited.
The forum bar
One bar to extradition that is rarely used at the moment but may become more common is the forum bar. This can be used when a lot of the criminal activity is said to have happened in the UK, and it is in the interests of justice that the person should not be extradited.
The effect of extradition being barred in this way is likely to be prosecution in this country. However, there are many reasons why someone might want to be dealt with here, rather than in another country.
Contact an extradition specialist at JFH Crime
Extradition is a complex area of the law, and one that can be difficult to face alone. However, with the assistance of the experts at JFH Crime, you don’t have to.
Our team has years of experience in extradition law, and will work with you to stop proceedings at the earliest possible stage. We keep you informed of every development, ensuring you have the right support available every step of the way.
Get in touch with our team today 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, at any time of the day or night.
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.
