Extradition ordered? What happens next?
Extradition can be complex, and you may be wondering what the next steps are in the process.
For many, extradition comes as a surprise. You may be confused or unsure what to do next, which can make facing criminal charges that much more confusing.
As some of the best extradition lawyers in the UK, the experts at JFH Crime have detailed what you can expect next if you or a loved one is facing extradition. Read on to learn more about the next steps, as well as what happens when bail is secured.
Extradition: next steps
If your extradition is ordered on a European Arrest Warrant (EAW) or a TaCA warrant, you have 7 days to apply for permission to appeal. You must send your appeal to the High Court, the Crown Prosecution Service (CPS) and the National Crime Agency. There is a fee to pay when it is submitted.
You can also submit a legal aid application at the same time. You can apply to any firm of your choice, and your solicitor will apply on your behalf. Legal aid for an Extradition Appeal is not means tested, which means that everyone is eligible.
If you do not submit an appeal within 7 days, then your extradition should take place within the following 10 days. This is known as the ‘relevant time period’. You cannot be removed within the first 7 days after your extradition is ordered.
You can apply to be discharged if you are not extradited within the relevant time period. Westminster Magistrates’ Court hears these applications, as it is the only court in England that manages extradition cases.
However, it is likely that the CPS would apply for an extension of the relevant period. The CPS can make this application even after the 17 days have passed. However, they will have to account for any unexplainable delays on their part.
If you are on bail during the proceedings, it is most likely that you will stay on conditional bail after extradition is ordered. The judge may add further conditions to your bail, such as an increase in the security or further reporting conditions.
A common extra condition is to keep a mobile telephone with you, charged and switched on 24 hours per day. The local police will contact you once transport is arranged and you will have to surrender yourself at a police station or airport. If you do not, (like Julian Assange) you will be committing a separate criminal offence under the Bail Act.
You should take all your paperwork with you. This includes information about the time you spent in custody or your bail conditions, as the time spent in custody or on curfew may be taken into account.
Facing extradition? JFH Crime can help
If you are facing extradition, the team at JFH Crime can help. We have a dedicated team of lawyers specialising in extradition who are here to help you and provide sound legal advice from the very beginning of the extradition process.
With over thirty years of experience between our team, we are proud to be some of best extradition lawyers in London, and are available 24/7 to help you fight your case. We represent clients across the nation and always uphold our work to exceptionally high standards, with complete commitment to client care and satisfaction.
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.