Extradition Explained – Part 2: What Happens at a Final Extradition Hearing?

What is a Final Extradition Hearing?

After you have been arrested on an Extradition Warrant and brought to Westminster Magistrates Court for your Initial Extradition Hearing, you will be asked whether you wish to consent to your extradition.

If you do not consent to your extradition, but instead contest it, your solicitor will need to confirm with the Judge the issues which are being raised to challenge your extradition. The case will be listed for a Final Extradition Hearing on a date in the future for a Judge to hear the arguments for and against your extradition.

The Final Extradition Hearing is the equivalent of a trial in criminal proceedings. At this hearing, the Crown Prosecution Service, on behalf of the Requesting State, will outline the reasons why they say you should be extradited to the Requesting State and your solicitor or barrister will outline the bars to extradition and any relevant human rights arguments based on which you oppose your extradition to the Requesting State.

Preparation for the Final Extradition Hearing

Once the date is set for the Final Extradition Hearing, there is much to be done to ensure that your case is fully prepared for this contested hearing.

This includes obtaining the following to support your defence:

Proof of Evidence

This is a statement drafted by your legal team which outlines your background, your knowledge of the criminal allegation and the proceedings or conviction in the Requesting State. The proof must also address your reasons for leaving the Requesting State and your current personal circumstances in the UK, as well as any other information relevant to the extradition proceedings. This statement will be adopted by you as your evidence before the court at the extradition hearing.

Statements from your partner, family, friends, employer or character references

These statements will assist in reinforcing the information in your proof of evidence and will support any arguments raised about the impact that extradition will have upon you and your family.

Supporting Documents

This can include things like pay slips, tenancy agreements, proof of right to work or immigration status, tax documents, travel history or anything else that supports your version of events.

Medical records

These can be connected to yourself, your partner or family members and can relate to either physical or mental health conditions. These records may constitute important information for the court to take into consideration, particularly if extradition is likely to have a detrimental impact on any medical condition or course of treatment

Expert evidence

This evidence can relate to number of different issues and will relate to either a legal or a human rights argument which has been raised to contest your extradition. This can constitute some of the most important evidence in an extradition case.

Experts are most commonly instructed to comment on one of the following issues:

• Any relevant physical or mental health conditions
• The likely emotional or psychological impact of extradition on you or your family members
• The history and current status of any ongoing or concluded criminal proceedings in the Requesting State
• Any legal, political or human rights issues in the Requesting State
• Current prison conditions in the Requesting State

Section 7 reports

If you have young children or are a sole parent, the Court will direct that the Local Authority undertake an assessment of your circumstances and produce a report to determine the likely care arrangements for any dependents in your care should your extradition be ordered.

Statement of Issues

This document that sets out the legal arguments and the supporting grounds which your legal team have raised to contest your extradition.

The Requesting State will be asked, throughout proceedings, to respond to the information that is served in support of your case.

Procedure for the Final Extradition Hearing

The Final Extradition Hearing will be heard at Westminster Magistrates Court before a District Judge.

The Crown Prosecution Service will open the case by advising the Judge about the extradition warrant and the reasons why your extradition is sought.

You may decide to give evidence, depending on which issues are being raised in your case. If you do give evidence, you will normally be asked to confirm that the information in your Proof of Evidence is true to the best of your knowledge and belief and to adopt it as your evidence before the court. You will then be asked questions by the prosecutor and sometimes by the judge,

Anyone that has given a statement and any expert that has produced a report in the case may also be called to give evidence and answer questions.

Once all the evidence has been heard, both parties will outline their submissions either in support or in opposition to the issues raised.

The Judge will usually adjourn the hearing in order to prepare a written judgment. Both parties will attend on a later date to hear the judgment. The Judge will either order your extradition to the Requesting State or discharge the warrant requesting your extradition.

Costs

If your extradition it is ordered, it is likely that the CPS will apply for their costs preparing the case to be recovered. You will be liable to pay these costs if the application is granted by the court.

If the extradition warrant is discharged, a request can be made for your out of pocket expenses to be paid. A defence costs order can also be applied for to recover some of your legal fees from central funds, if you have paid privately for your representation.

What should I do if I have been arrested on an Extradition Warrant or I have an upcoming Final Extradition Hearing?

We strongly advise that you get in touch with specialist Extradition solicitors as soon as possible. It is never too soon for your solicitor to begin to consider the issues in your case and to begin to obtain the evidence required ahead of your final extradition hearing.

Our dedicated team of Extradition solicitors has extensive experience in representing individuals facing extradition from the UK to the EU and across the world. We work alongside a network of specialist barristers and professional experts to ensure that we prepare the strongest possible case to prevent your extradition.

If you have concerns about extradition to any foreign state, please get in touch with our Extradition Solicitors to arrange a consultation with one of our experts now. Call us now on 0330 822 3451 or request a callback.

Out of office hours, call our 24/7 Emergency Number: 0808 274 8226

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Read Part 1 of the Extradition Explained: What Happens if I am Arrested on an Extradition Warrant?