For extradition to take place, it is necessary for an offence be a criminal offence in both the requesting country and the UK – known as a dual criminality test.
There are 32 types of offence exempt from the dual criminality offence, however.
Under the Extradition Act 2003, requests for extradition from the UK may be made by requesting states within the EU (Category 1) – as well as requesting states outside the EU such as the USA, Russia or Turkey (Category 2).
There are 27 EU member states and in extradition cases, a European Arrest Warrant (EAW) will be sent to the National Crime Agency – after which a police officer will arrest the individual named on the EAW.
Police will then bring the detained person to Westminster Magistrates’ Court in London as soon as possible – but always within 48 hours of arrest – for the initial extradition hearing.
In some cases an arrest may be made before an EAW is issued – but the warrant must be issued before or in time for the initial extradition hearing.
Category 2 extradition cases are also heard at Westminster Magistrates’ Court.
There are more than 100 Category 2 jurisdictions – and the Home Secretary receives any Category 2 arrest warrant and decides whether to grant extradition.
At the initial extradition hearing, the judge will:
Because extradition – both category 1 and category 2 extradition – is so complex, it is essential to seek expert legal advice from Duncan Lewis extradition solicitors as soon as an arrest is made.
Duncan Lewis has extensive expertise in representing clients facing extradition from the UK – and also has in-house experts able to advise on relevant issues such as human rights law, immigration law and mental health law.
Duncan Lewis extradition solicitors can also advise on appeals against extradition – which must be lodged within seven days of extradition being granted by the court in Category 1 cases and within 14 days in Category 2 cases.
Extradition normally takes place within ten days of a court ordering extradition in a Category 1 case or 28 days in a Category 2 case, so it is vital to seek expert legal advice from a specialist firm of extradition solicitors like Duncan Lewis as soon as possible.
The Duncan Lewis Crime Department is ranked in Legal 500 2014 for its General Crime and White Collar Fraud Work.
Duncan Lewis extradition solicitors have acknowledged expertise in case building based on a sound knowledge of the criminal justice system – and a successful track record in advising on extradition involving Category 1 and Category 2 arrest warrants.
Duncan Lewis represents clients at Police Stations, Magistrates’ Courts, Crown Courts, and at Appeal Courts such as the Court of Appeal – and has highly experienced Higher Court Advocates with a background in conducting serious fraud cases.
There are Duncan Lewis offices nationwide in England and Wales – and a criminal defence solicitor from Duncan Lewis can usually reach a client at a police station or court within 45 minutes.
We aim for the best possible outcome for clients facing extradition proceedings – call Duncan Lewis motoring offence solicitors 020 7923 4020 for expert legal advice on Category 1 or Category 2 arrest warrants.
For 24/7 help at a police station, call the Duncan Lewis Emergency Hotline on 020 7275 2036.
Duncan Lewis advises clients who are facing extradition proceedings to contact us as soon as possible.
Duncan Lewis extradition solicitors can advise even before arrest under an EAW or Category 2 warrant – as well as advising on appeals against extradition.
Duncan Lewis extradition solicitors are a leading provider of Legal Aid criminal defence services.
However, Legal Aid is means tested and may only be available in certain circumstances – Duncan Lewis can advise further on Legal Aid at the initial client meeting.
In cases where a client may not be eligible for Legal Aid, Duncan Lewis extradition solicitors offer competitively-priced fee levels for private client representation – with fixed fees and advance notice of any costs whenever possible.
In some cases, after the event insurance may also be a funding option.
Call Duncan Lewis Extradition Solicitors to discuss Extradition Hearings – Category 1 and Category 2 – on 020 7923 4020.