Extradition and international law

Extradition requests can be made where an individual in the UK is accused of having committed, or having been convicted of, a criminal offence in another country and their return to that country is sought.  Extradition can be requested in relation to UK nationals and non-UK nationals. It is not uncommon for extradition requests to have underlying political aspects.

Since the Extradition Act 2003 came into force, the number of extradition requests made to the UK from the EU has increased vastly, and this has continued post-Brexit. Requests from other countries have also become more common. Extradition is now routinely sought in relation to apparently minor offences as well as in more serious cases.

Investigators outside the UK are also using a range of new investigative tools and powers to obtain evidence in this jurisdiction, through Mutual Legal Assistance. Police forces also work through Interpol to share intelligence. 

Being the subject of an extradition request can be an alarming and confusing experience, particularly as an arrest under an Extradition Warrant often takes place without any warning. Some of our clients may have additional anxiety about reputational damage. Sound advice and guidance at the earliest stage are therefore essential.

Our team advises and represents clients who are the subject, or believe they may become the subject, of extradition requests from across the globe. We act from the very outset of the case before and at arrest, at the initial bail hearing and throughout the subsequent proceedings to the extradition hearing and if need be through to appeal. Where possible, we negotiate with prosecutors to avoid formal extradition proceedings being started. Where proceedings are unavoidable we protect or clients’ interests fearlessly, exploring all legal and evidential bars to extradition, and particularly human-rights based defences.

We can also advise and represent individuals in relation to applications by investigators abroad for evidence by way of Mutual Legal Assistance, and in relation to other international proceedings such as Worldwide Freezing Orders and in relation to Interpol Red Notices.

Our team has recognised experience and expertise in representing clients in extradition and related international proceedings, particularly in cases involving complex or very serious investigations and with political considerations. Our team has advised in extradition cases involving the USA, India, Japan, Rwanda and many European countries. We give clear strategic advice from the outset, and defend each of our clients' interests tenaciously at every stage of the process. This will usually involve meticulous evidence gathering and analysis, instruction of carefully selected expert witnesses, and deployment of all available legal arguments including novel and imaginative ones. We are able to work closely with our colleagues who specialise in Immigration Law where necessary.

Recent notable work:

• R-v-CA -  Martin Rackstraw represented an individual facing extradition to Belgium for human trafficking offences, in the first case under the Extradition Act to be heard in the then House of Lords.
• R-v-M – Martin Rackstraw represented an individual facing extradition to Rwanda for alleged offences arising from the 1994 genocide.
• R-v-C  - Martin Rackstraw represented an individual in an extradition request by India for alleged involvement in “match –fixing” in first class cricket.
• R-v-K – Keshina Bouri representing an individual in relation to an extradition request by Japan in relation to an alleged jewellery robbery.
• Martin Rackstraw has also given advice to foreign embassies in relation to extradition related issues. 

The majority of the work we carry out in this field is privately funded. However our team retains a contract with the Legal Aid Agency and, in exceptional cases, we may be able to offer representation under Legal Aid.  At  the outset of your case we will the funding options with you and put into place a funding package that is affordable and manageable.