Extradition Requests from outside the E.U.
Part 2 of the Extradition Act 2003 deals with requests for extradition from countries outside the E.U. as well as the few countries within Europe which are not signatories to the European Arrest Warrant scheme.
There is no set form for Part 2 extradition requests equivalent to the European Arrest Warrant – but key information must nonetheless be present for a request to be valid. The request is presented, via the Home Office, to a District Judge who must decide whether to issue a warrant for the arrest of the Requested Person. There are provisions to allow for a simplified request to be presented where it is feared that the requested person will be leaving the U.K. imminently.
Some Part 2 countries must additionally show that there is a prima facie case against the requested person. Such cases allow for a challenge to be made as regards the sufficiency of the evidence said to implicate the requested person in the criminal conduct subject of the request.
Extradition cannot take place if it would be incompatible with human rights, or if any of the statutory bars can be shown to apply.
As with Part 1, Part 2 requests are dealt with at Westminster Magistrates’ Court in the first instance. If the court decides that the request is valid, that there are no bars to extradition and that human rights are complied with, the District Judge ‘sends’ the case to the Home Secretary, who subsequently decides whether or not to order extradition.
Representations to the Home Secretary may be made as to why extradition should not be ordered. However, in keeping with the overall aim of minimising political involvement in the extradition process, these representations must be limited to a few specified issues, such as the use or potential use of the death penalty in the requesting state.
Why choose National Legal Service Solicitors for your extradition law matters?
Our extradition lawyers have successfully prevented the extradition of clients wanted all over the world. Outside Europe, we have represented clients who have been wanted in countries ranging from Australia and Albania to Peru and the United States.
With the National Legal Service extradition team on your side, you can be assured of specialist advice and fearless representation every step of the way.
A selection of some of our notable cases:
K v United States  – First ever case on re-extradition
K v Australia  – alibi and proportionality
C & Others v Peru  First ever Peruvian extradition request
B v United States No.1 and No.2  right to liberty; specialty
B and S v Albania  – judicial corruption; conviction in absentia and retrial rights; blood feuds; prison conditions