Extradition is the legal process through which individuals facing criminal prosecution overseas are requested to be delivered by the United Kingdom to foreign authorities. Extradition proceedings in England and Wales are brought by the Crown Prosecution Service acting on behalf of the requesting state with hearings at Westminster magistrates’ court.
The court determines whether the request is lawfully made, whether there is any statutory bar to extradition and crucially, whether transferring the requested individual to face criminal proceedings in another jurisdiction would violate their human rights. If extradition is ordered by the court, it may be possible to seek appeal to the High Court and subsequently to the Supreme Court and to the European Court of Human Rights.
Members of Chambers are able to offer expert advice and representation at all stages of the extradition process. Some members also accept instructions from the CPS to act on behalf of requesting states.
The law of extradition is intricate and quickly-evolving. Extradition hearings have many similarities to proceedings before domestic criminal courts and immigration tribunals. It also heavily draws on public law and human rights principles. There are often immigration, family and civil aspects to extradition cases too. Goldsmith Chambers prides itself on offering multi-disciplinary expertise and its members are therefore ideally placed to navigate defendants through the complexities of extradition.
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