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Extradition

Written by Rosita Mendonca

Extradition is the process by which those who are wanted in another country, whether to serve a sentence of imprisonment or to stand trial for a criminal offence, are sought.

The National Legal Service Extradition Team

Extradition proceedings can be very difficult for clients and their families.  It is therefore vital to have expert by your side every step of the way.  That is where we here at the National Legal Service can help.

Our extradition lawyers are each recognised as experts in the field.  With many years of practice between them, they are renowned for winning cases, even against the steepest odds.

We pride ourselves in being highly creative, tenacious and thorough in our approach to each and every case.  It is for this reason that our results speak for themselves.

With National Legal Service in your corner, you can be certain that your case will be prepared and advanced by experts who have secured the discharge of numerous clients wanted all over the world.

How does extradition work?

For the purposes of extradition, in general terms, the world is divided into two parts: European Union countries and countries outside the EU.

For requests from another EU country,  a standardised and streamlined procedure is used whereby requests are made in the form of a European Arrest Warrant.

For requests from outside the EU, more information is required that that typically contained in an European Arrest Warrant.  In some instances, specific bilateral arrangements are in place (notably, the United States).

How can I stop extradition?

There are a number of means by which we have prevented our client’s extradition.

First, it is vital to have a comprehensive technical understanding of  the law in relation to the information which must be contained in an extradition request.  The law in extradition is perpetually evolving and it is therefore imperative to keep abreast of developments.

Next, it is important to investigation the potential bars to extradition set out in the Extradition Act 2003.  For instance, where extradition would result in “oppression” as a result of the passage of time, it is barred.

It is also imperative to explore whether any less coercive alternatives to extradition can be arranged.  We have been successful in negotiating such outcomes with judicial authorities in numerous jurisdictions.

Finally, it is crucial to consider whether extradition is compatible with human rights.  This is another aspect of extradition law which continually developing.

We have years of experience of winning cases on each of these grounds, singularly or in combination.

So, if you face extradition proceedings, or think you may have to in the future, please get in touch with one of our experts for a free consultation. 

 

Care Proceedings

Written by IT3 Admin

We can advise and represent children, parents, and family members in multiple areas related to care proceedings. These include but are not limited to:

  • Cases when social services are involved because of their concerns with the child’s emotional well being and physical safety.
  • When social services make an application at court concerning the child usually where the child is or is about to be taken into care, when their parents want them to be returned from care, or when a family member or responsible adult wants them to be returned from care.

No matter how difficult or complicated the circumstances, Our experienced child care lawyers are committed to securing the best possible outcome for you and your family. If social services have taken your child into care, or have threatened to do so, it’s important that you are represented by someone who understands the legal process.

Our family law department includes members of the Law Society’s Children Panel the Family Law Panel and Resolution Accredited Specialists.

Any parent with parental responsibilities will automatically be eligible for legal aid. For other parties involved in the case such as grandparents or aunts and uncles, it would depend on their financial situation and whether they are formally involved in these proceedings.

Child Arrangement Orders

Written by IT3 Admin

Child Arrangements Order (CAO) is now the umbrella term for Residence & Contact Orders. These help decide who the child will live with and how often they will see the other parent.

If you and your ex-partner cannot agree on the time children will spend with each parent, the court has the power to make decisions for you, known as Child Arrangements Orders. The court can decide which parent the child will live with, or if they will live equally with both parents and if you cannot agree the court can decide the exact timings.

Most people will be more familiar with the terms residence/custody and contact/access. These terms have been replaced with ‘live with’ and ‘spend time with’.

Anyone may apply to the court for permission to apply for a Child Arrangements Order, but several categories have implicit permission. These are:

  • Parents or guardians
  • An adult with a Residence Order for the child
  • A responsible adult who holds parental responsibility for the child
  • An adult who the child has lived with for upwards of three years
  • A non-biological parent who is a parent through marriage/civil partnership
  • A person who has gained permission from any of these people

Our team of experienced family solicitors will be able to help guide you through this often messy and emotional area of law. It is essential you find a solicitor at the earliest point in order to get your complete case heard before the court.

Divorce and Separation

Written by IT3 Admin

If your marriage has lasted for more than one year, there are five conditions that the courts can consider justification for divorce. If your spouse has satisfied just one on these conditions, then you can petition for divorce. These conditions are: –

  1. Adultery.
  2. Unreasonable behaviour.
  3. Two years’ separation on the basis of your spouse’s agreement.
  4. Five years’ separation.
  5. Desertion on the basis of your spouse having left you for over two years.

The process of a petition can take up to 6 months to complete in divorce proceedings in cases where there are no financial issues between you and your estranged spouse.

Resolving financial matters in divorce law can slow down the divorce process; in many cases it can take up to a year to complete the process and possibly longer in complex cases.

Clear, concise advice will make a world of difference and ensure the process is completed as quickly and painlessly as possible.

Domestic Violence

Written by IT3 Admin

We are here to listen, advise and act on your behalf to protect you and, if applicable, your children. We can help with all matters relating to Domestic Violence.

Domestic Violence can take a variety of forms – physical, emotional, financial or sexual. When it occurs, swift and positive action is necessary to prevent repeated occurrences. As well as directly affecting the parties involved it can have huge repercussions on surrounding family, friends, and children.

In certain cases, it is possible to apply to the Court for an injunction prohibiting someone from pestering, intimidating or behaving violently. It may also be possible to obtain a Court Order to have someone removed from a home or prevented from visiting it. Depending on the case injunctions can be issued quickly on an emergency basis by court. Failure to comply with an injunction may be punishable by imprisonment or other sanction depending upon the severity of the non-compliance.

Financial Settlement

Written by IT3 Admin

During the course of a divorce proceeding financial settlements often arise. As with most matters these can be resolved efficiently and in a cost-effective manner where there is an agreement between the parties.

Financial settlements resolve the division of assets after a relationship breakdown, often after divorce. It can be a simple process with the focus being meeting reasonable needs of both parties in particular the housing needs for both in particular the children.

It can also become complex. Some couples possess complicated off-shore accounts, disputed value items, shared business ventures and pensions. These cases can require the instruction of expert financial investigators to provide an impartial analysis.

Our experienced solicitors will guide you through these tricky and sometimes emotionally frustrating proceedings to arrive at a suitable arrangement.

Special Guardianship Orders

Written by IT3 Admin

Special Guardianship is specifically for family members taking on the permanent care of a child within the family. Special Guardianship Orders (SGO) were primarily introduced to fill the gap between Child Arrangement Orders (CAOs) and adoption.

If you are caring for a child that is not your own because their parents are not able to look after them you can obtain an order giving you legal recognition and responsibility and, in some cases, practical and financial support that may be required. The parents retain their parental responsibility and should be informed and consulted where appropriate, but the Special Guardian is able is make the ultimate decision, even if the parents do not respond or co-operate.

Our experienced team of solicitors are able to offer specialist advice and guide you through what can be a daunting and complex process; whether you require a one-off advice session or representation in obtaining a special guardianship order.

Football Banning Orders

Written by IT3 Admin

While you will be liable to be charged with a public order offence, in football related events there are special football banning orders that the police can issue.

Whatever the disorder that triggers the police action, be it drunkenness or violence, if it is related to football and in and around football stadiums the police have broad powers to issue these orders.

A Football Banning Order (FBO) can ban you from entering football stadiums or otherwise attending games. It can block access to you from even approaching the stadium itself. It is possible that the order will stop you travelling internationally if it is suspected you plan to attend a football match, this will involve surrendering your passport to the police.

The banning order can last up to 5 years when you are not imprisoned but it can be extended to 10 years if you are.

We have extensive experience in appealing against these orders and can help you understand and fight against the charge, whether at the police station or in the courts.

If you wish to appeal you must get in contact with a legal team specialising in football and public order law as soon as possible. Our expert team can provide you the confidence to know that everything that can be done is being done.

Joint Enterprise

Written by IT3 Admin

If you were involved with a group of people and a crime was committed by one of them, the police may try to charge you with that crime through the doctrine of Joint Enterprise. Just being present at the scene of the crime or being a member of a group when an individual or multiple people break the law is not sufficient to be convicted through Joint Enterprise. To be found guilty you must have encouraged the behaviour or assisted the offence in some way.

For example, if a group of people chased down and assaulted a victim and then one of the group stole the wallet of the victim, the question of whether the entire group is guilty of joint enterprise in theft is to be decided by the court.

Young people have been affected by this law because of the prevalence of youth gangs and the susceptibility to peer pressure, especially in lower income areas. The youth courts take this into consideration when passing sentence. For more information, visit (Youth Court link to be added).

If you or somebody you know is accused of Joint Enterprise then it is imperative that you hire an expert lawyer. The individual nature of each Joint Enterprise case requires that our lawyers work closely with you, and we will always work hard to achieve that standard both in and outside of the courtroom.

Motoring Offences

Written by IT3 Admin

There are many motoring offences but just a few of these include:

  • Driving without insurance
  • Driving without a license
  • Driving under the influence
  • Driving while disqualified
  • Speeding
  • Dangerous driving

You can be penalised in several ways. This could be through penalty points, by having your license revoked, by being fined, or even through imprisonment.

With these potentially serious consequences it is essential that you seek representation by experienced solicitors who are specialised in motoring law. This should be done as soon as you are made aware of the proceedings against you. If you are called in to the Police Station we strongly encourage you to contact a solicitor first to discuss the matter.

While the seriousness of driving offences cannot be underplayed, the consequences of a sentence should not be forgotten either:

  • If you lose your car you will lose many liberties and opportunity.
  • If your career depends on having access to a vehicle, you will become unemployed. Loss of a licence could make transporting your family and friends more difficult. Transport becomes costly and laborious.

Legal representation is an absolute necessity to ensure you are not unjustly treated by the court.

Legal aid is not available for motoring cases. We have fixed fees and we will charge on a contract agreed upon and signed by you. We will advise you as to what we expect the likely outcome in the court will be and what your next action should be.