Extradition ordered? What happens next?
If your extradition is ordered on an European Arrest Warrant, you have 7 days to apply for permission to appeal. You must send your appeal to the 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. If you do not submit an appeal, then your extradition should take place within the next 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. However, it is likely that the CPS would apply for an extension of the relevant time period. The CPS are able to make this application even after the 17 days have passed. However, they will have to account for any unexplainable delays on their part.
Conditional bail
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 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. 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 you spent in custody or your bail conditions as the time spent in custody or on curfew may be taken into account.
Please contact us on 0207 388 1658, or email jhowey@jfhlaw.co.uk 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.
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.
