Common words and phrases in extradition proceedings
If you are facing extradition, it can be difficult enough without listening to lawyers using words and phrase that you may not understand.
This can be incredibly frustrating, so the team at JFH Crime have put together a guide to some of the most common words you will come across. Read on to clear up some of the complicated legal jargon surrounding extradition cases…
13 common words and phrases you may hear during extradition proceedings
- Requested person – The person who is wanted by the country who have issued the warrant.
- Judicial Authority – The people who have issued the warrant. They are represented by Crown Prosecution Service (CPS).
- District Judge – Usually called the ‘DJ’, they are a qualified lawyer who hears the case and makes the decisions regarding extradition.
- European Arrest Warrant (EAW) / Trade and Cooperation agreement warrant (TaCa warrant) – An EAW used to be the name of the actual document that has all the information about the person who is wanted and what they are wanted for. Since Brexit that has changed, and the warrant is now known as a TaCa warrant, although there are still some EAWs in existence
- Accusation – If you are wanted to go for a trial, and have not been found guilty already, you are ‘accused’ of a crime.
- Conviction – If you have already pled guilty to the offence, or been found guilty, you are convicted.
- Bail – Bail is granted if the DJ decides you can go home until you are next in court or are being taken back to the country that wants you. The District Judge will take into consideration various factors when considering whether to grant bail, such as how long you have been in the country and the circumstances in which you came.
- 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 will be the end of the case. You cannot appeal once you have consented, and you should be extradited within 10 days.
- Issues – The reasons why you should not be extradited. The Extradition Act lists the reasons that can be given, including Human Rights issues. Not wanting to go is not a reason why you should not be extradited under the Act.
- Full hearing – The hearing where the DJ will hear the evidence, listen to the lawyers, and then decide if you are going to be extradited.
- Judgment – The DJ writes down his decision. This is called the judgment, and it has the facts of the case, the arguments put forward by both sides, the law and the reasons for the decision.
- Discharge – If the DJ decides you do not have to be extradited, you are discharged and are free to go.
- Permission to appeal – If the DJ decides you should be extradited, you can ask the High Court for permission to appeal. This appeal must be lodged within seven days of the decision.
Work with extradition specialists at JFH Crime
With so much legal jargon surrounding the topic, it can be tough facing extradition alone, at an already stressful time. However, help is available – contact the team at JFH Crime today for fast, expert advice on fighting and managing your extradition case.
We understand the value of communication and will keep you updated on your case every step of the way. With an active presence at Westminster Magistrate’s Court, where all extradition cases in England and Wales start, our extradition specialists are ready to help you.
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.
