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, even in your own language. Here is a guide to some of the most common words you will come across;
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’, he or she is a qualified lawyer who hears the case and makes the decisions.
European Arrest Warrant (EAW); the actual document that has all of the information about the person who is wanted, what they are wanted for and so on
Accusation; if you are wanted to go for a trial, and have not been found guilty already, you are ‘accused’
Conviction; if you have already pleaded guilty to the offence, or been found guilty, you are convicted
Bail; 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
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. You cannot appeal 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. ‘I don’t want to go’ is not a reason 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.
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.
