Extradition

Extradition is the transfer of a person to a country outside of the UK, when the requested person is accused or convicted of criminal offences in another jurisdiction, to face prosecution or serve a criminal sentence.

The UK has treaties with many countries, which determine when extradition can be applied and when it can be denied. For example, extradition can be denied if it is for military or political reasons and is often denied to states where capital punishment is enforced.

The UK process varies depending on the state making the request. For states issuing a European Arrest Warrant (EAW), the process includes:

• The submission of an EAW (usually electronically, by means of an alert placed on the Second Generation Schengen Information System known as ‘SISII’)
• An arrest being made
• A certificate being issued following a proportionality test
• An initial hearing
• An extradition hearing

The extradition process for states not issuing an EAW – often referred to as category 2 territories – includes:

• The submission of an extradition request to the UK Secretary of State
• A decision by the Secretary of State to certify the request
• A judge’s decision on whether to issue an arrest warrant
• The arrested individual being brought before the Court
• A preliminary hearing
• An extradition hearing
• A decision by the Secretary of State on whether to extradite

EAW and category 2 extradition requests can be appealed. However, you should be aware that the state requesting your extradition can also appeal against a decision.

If you are the subject of an EAW, you can ask the High Court for leave (permission) to appeal. You must then submit an appeal application within seven days of a decision being made. If the High Court gives you permission, your appeal will be considered.

Furthermore, if your appeal is upheld, the extradition order against you will be quashed.

If you’re unhappy with a decision made by the High Court, you can make a final appeal to the Supreme Court – this only applies in England, Northern Ireland and Wales. In Scotland, the Supreme Court will only hear an extradition case where it involves a ‘devolution issue’.

Permission to appeal can be given by the High Court or the Supreme Court itself.

An appeal to the Supreme Court can only be made where the case involves a point of law of general public importance. If permission is granted, the appeal will be heard.

If you are the subject of an extradition request made by a category 2 state, you can appeal a judge’s decision to send your case to the UK Secretary of State in the High Court.

Any application for permission must be made to the High Court within 14 days of the date of the judge’s decision. However, the High Court will not hear the appeal unless and until the Secretary of State orders the requested person’s extradition.

If you’re not satisfied with the decision of the High Court, you can apply for leave to appeal to the Supreme Court against the High Court’s decision. Notice of application for leave to appeal must be given within 14 days of the High Court decision.

Permission can be granted either by the High Court or by the Supreme Court itself.

Appeals to the Supreme Court can only be made if the High Court has certified that the case involves a point of law of general public importance.