Appealing A District Judge’s Decision To Order Your Extradition What To Expect?
If your extradition is ordered at Westminster Magistrates Court, you have the right to apply for permission to appeal against extradition.
My extradition has been ordered – what do I do?
Any application to appeal must be sent to the ‘Administrative Court’ within seven days of the judgment at the Magistrates Court. Everyone is automatically eligible for ‘legal aid’ at the Administrative Court to fund this appeal. You will normally be entitled to be represented by a specialist barrister and solicitor during these proceedings. Your appeal must include all the relevant documents from the Magistrates Court as well as written arguments about why the Judge at the Magistrates Court was wrong to order your extradition.
Can I include new evidence?
Including new evidence at the Administrative Court requires complex legal arguments. The Administrative Court is not hearing your extradition case afresh, so there are strict rules about the admission of new evidence. However, it may be that something was missed at the Magistrates Court, or something new has happened since the Magistrates Court. In these cases, it must be shown that the evidence was ‘not available’ at the extradition hearing and that it would be ‘deceive’ in leading to your discharge. In rare circumstances, even if the evidence was technically avaliable at the time of the extradition hearing. These cases are complex and benefit from specialist advice.
How long will it take?
Each case can vary in length, depending on the complexity of the challenges raised. However, it is usually around 3-6 months for a decision to be made on permission to appeal. The Court will review the papers and decide whether to grant permission to appeal.
What happens if permission to appeal is refused?
If permission to appeal is refused, you are entitled to ‘renew’ permission to appeal. This means that the Court will hear from your advocate in an oral hearing, where renewed permission is sought.
What happens if permission to appeal is granted?
If permission to appeal is granted, either during an oral hearing, or after a Judge reads the papers. Then the Court will list your case for a full appeal hearing. During a full appeal hearing the Court will hear arguments from your advocate as well as from the requesting country’s advocate. The Court may then make a decision during this hearing, or provide a written judgement at a later date.
Where will my case be heard?
No matter where you live in the country, extradition appeals are heard at The Royal Courts of Justice in central London.
What should I do if my extradition, or a loved one’s extradition was ordered more than seven days ago?
You can apply to appeal against extradition ‘out of time’ if you have good reason to do so. You can contact our specialist extradition solicitors, even if we have not represented you at the Magistrates Court. As a team we have dealt with appeals against extradition from the UK to numerous countries across the globe. To speak to one of our extradition experts, please call 0330 822 3451 or request a callback.