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Initial extradition hearing

Duncan Lewis Extradition Solicitors – Initial Extradition Hearing

 

The law governing extradition from the UK is set out in the Extradition Act 2003 and is highly complex.

 

According to the law, the purposes of extradition are:

  • to be prosecuted
  • to be sentenced for an offence for which the person has already been convicted
  • to carry out a sentence that has already been imposed.

Individuals may be extradited from the UK under European Arrest Warrants (EAW) to Category 1 territories (members of the EU) – or as a result of a request from a country outside the EAW jurisdiction, known as Category 2 territories and including the USA, Russia and Turkey.

 

For those arrested in England and Wales, the National Crime Agency receives the EAW and the Crown Prosecution Service (CPS) represents the requesting country.

 

The initial extradition hearing will take place at Westminster Magistrates' Court in London. At this initial hearing:

  • A judge will make sure the person arrested is the person named on the arrest warrant.
  • The person arrested will also be advised of the contents of the EAW and the judge will explain that he may agree to his extradition; if not
  • A date will be set for the start of the extradition hearing, which will be within 21 days of the date of arrest
  • The court will decide whether to grant bail or whether the person will be remanded in custody, pending the extradition hearing.

In extradition involving Category 2 territories, the Home Secretary receives and decides whether or not to certify the extradition request – and if so, all hearings are held at Westminster Magistrates' Court.

 

Extradition law is extremely complex – under Sections 64 to 66 of the Extradition Act, an extradition offence is defined as prosecution of an offence which usually carries a prison sentence of at least 12 months in the State requesting extradition.

 

Extradition decisions may also involve civil liberties issues and the Human Rights Act – for example if an individual is unlikely to receive a fair trial in the country requesting extradition, or may face torture or humans rights violations or receive the death penalty.

 

There may also be issues involving the mental health or physical health of an individual – or their right to a family life under Article 8 of the Human Rights Act if they have family in the UK.

 

The extradition process can be lengthy and involve appeals up to the Supreme Court and the European Court of Human Rights.

 

It is vital to contact Duncan Lewis extradition solicitors as soon as possible if there is a possibility that an arrest warrant may be issued for extradition – or an arrest has been made.

 

Duncan Lewis is one of the UK’s leading criminal defence solicitors and also has successful departments covering immigration, human rights and mental health law, all of which may be relevant to case involving extradition.

 

Duncan Lewis extradition solicitors can advise even before an arrest is made – and offer robust defence services to those facing extradition, including advising on bail at the initial extradition hearing and preparing appeals against extradition.

 

Duncan Lewis Extradition Solicitors – Our reputation for excellence

 

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 extradition process – and have a successful track record in representing individuals facing extradition from the UK, including legal representation at an initial extradition hearing.

 

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.

 

Duncan Lewis Extradition Solicitors – How to contact us

 

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 an initial extradition hearing – call Duncan Lewis motoring offence solicitors 020 7923 4020 for expert legal advice on extradition from the UK.

 

For 24/7 help at a police station, call the Duncan Lewis Emergency Hotline on 020 7275 2036.

 

Duncan Lewis Extradition Solicitors – When to contact us

 

Duncan Lewis advises clients who are facing an initial extradition hearing to contact us as soon as possible – and preferably as soon as an arrest is made.

 

Duncan Lewis extradition solicitors can advise even before arrest under an EAW or Category 2 arrest warrant – as well as advising on appeals against extradition.

 

Duncan Lewis Extradition Solicitors – Legal Aid & Private Client – Initial Extradition Hearing

 

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 an initial extradition hearing on 020 7923 4020.


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