Extradition Law: What to Do If There Is an Extradition Warrant in Your Name
Not many people know an extradition warrant even exists until the police arrive on their doorstep. Some are arrested for another offence. Some are stopped and spoken to by police while driving. Others find out when they are a witness or a victim of crime.
Whichever way it happens, it is a shock, and it is hard to know what to do next. Extradition law in the UK is complex and the timescales are short. This guide explains how the process works, the steps to take if there is an extradition warrant in your name, and how JFH Crime can help.
What is Extradition Law?
Extradition is the formal process by which one country asks another to hand over a person so they can face prosecution or serve a sentence. Extradition law sets out when that request can be made, how it is decided, and when it can be refused.
In the UK, extradition is governed by the Extradition Act 2003. The 2003 Act came into force on 1 January 2004 and remains the main piece of British extradition law today. It sets out the whole system of extradition for England and Wales, Scotland and Northern Ireland.
The Extradition Act 2003 splits countries into two groups:
- Category 1 territories. These were the EU member states, dealt with under the European Arrest Warrant. Since the UK left the European Union, surrender between the UK and the EU runs under the Trade and Cooperation Agreement, and the warrant is now known as a TaCA warrant.
- Category 2 territories. These are countries outside the European Union that have an extradition arrangement with the UK, such as the United States. Extradition from the UK to a Category 2 country works by an extradition request rather than an arrest warrant.
The framework sits on top of a network of treaties. The European Convention on Extradition 1957, drawn up by the Council of Europe, and a range of bilateral extradition treaties set the extradition relations between the UK and other states. Domestic law then decides how a request is handled once it reaches this country.
For some Category 2 countries, the requested state must show prima facie evidence, a prima facie case that the person has a case to answer, before extradition can be ordered. For others, that step is not required. Which rule applies depends on the extradition arrangement with the requesting state.
Extradition Warrants: Your Next Steps
If you do know that there is a European Arrest Warrant, now known as a TaCA warrant (or an International Arrest Warrant from a country outside the European Union) in your name, it is advisable to surrender yourself to your local police station or to Westminster Magistrates Court, as this will increase your chances of being granted bail later.
For most people facing extradition proceedings, their arrest comes as a complete surprise. It is likely that your arrest will be carried out by your local police force, who will often come to your home or place of work.
You will be taken to your local police station where you will be booked in. During this procedure you must also be handed a copy of the arrest warrant.
You can ask at the police station for advice on extradition law, but it is likely that this will be provided over the telephone, and you will not be able to speak to a solicitor of your choice. However, you should be able to speak to your family.
They can contact JFH Crime directly and arrange for us to attend the police station to offer you free independent legal advice.
If your passport or ID card has not been taken by the police, try to have it brought to the police station. You will need to give it to the police if you are given bail, and if the police can confirm they have it, this will save time in the future.
Extradition Court Proceedings
Wherever you are in the country you must then be taken to Westminster Magistrates’ Court as soon as practicable. In practice, that means the same day if you are arrested very early in the morning or live in or near London. If not, it is likely to be the next day.
Westminster is the only Magistrates Court in the country that deals with extradition cases. The Court is open Monday to Saturday, including Bank Holidays.
At the first hearing the court will confirm your identity, deal with bail and set out the next steps. In some cases a decision can be made at that first hearing, so it is vital to have legal support from the very start of your case.
The extradition hearing itself is where the court decides whether the request meets the tests in the Extradition Act 2003. The judge looks at whether the conduct is an extradition offence, whether any bar to extradition applies, and whether extradition would breach your human rights.
JFH Crime has an active presence at Westminster Magistrates Court on a daily basis, and will provide crucial support and advice during the stressful initial stages of dealing with an extradition case.
Bars to Extradition
Extradition is not automatic. Extradition law gives the court several reasons to refuse extradition, known as bars to extradition. If one applies, the judge can deny extradition and discharge you.
The main bars set out in the Extradition Act 2003 include:
- Double jeopardy, where you have already been prosecuted for the same offence.
- Passage of time, where it would be unjust or oppressive to extradite you after a long delay.
- Extraneous considerations, where the request is really about your race, religion, nationality or political opinions.
- Speciality, which limits the requesting state to prosecuting only the offence for which extradition is sought.
- Forum, where it would be more appropriate for the case to be tried in the UK.
On top of the statutory bars, the court must consider the European Convention on Human Rights.
Extradition can be refused where it would breach your rights, for example the right to a fair trial or the right to family life. For a TaCA warrant, the court also asks whether extradition would be disproportionate.
These human rights arguments are often decided by the higher courts, and case law from the European Court of Human Rights can be central to whether a person whose extradition is sought is surrendered or discharged.
How JFH Crime Can Help
The prospect of facing extradition is daunting, and without sound legal advice, it can be challenging to manage. You do not have to face extradition alone.
JFH Crime are experts in extradition law, committed to providing thorough, robust advice to everyone who needs legal assistance. With over thirty years of experience, we are proud to have a proven track record of client satisfaction, and always strive for exemplary service and results.
If you or your loved one faces extradition and would like expert advice, please call John Howey on 020 7388 1658, or email jhowey@jfhlaw.co.uk.
Frequently Asked Questions
What is an extradition warrant?
An extradition warrant is a formal request for your arrest so you can be surrendered to another country to face prosecution or serve a sentence. A TaCA warrant covers requests from EU member states, while an International Arrest Warrant covers requests from countries outside the European Union.
Can extradition be refused?
Yes. Extradition law sets out several bars to extradition, and the court can refuse a request on grounds such as passage of time, double jeopardy, or a breach of your human rights under the European Convention on Human Rights.
Should I hand myself in if there is an extradition warrant in my name?
Surrendering yourself to your local police station or to Westminster Magistrates’ Court can improve your chances of being granted bail. Get legal advice as early as you can, ideally before you attend.
Does the requesting country have to prove its case?
It depends on the requested state. Some Category 2 countries must show prima facie evidence that you have a case to answer. For others, and for TaCA warrants, that step is not required.
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.
