Hodge Jones & Allen has considerable expertise in advising clients facing extradition to countries outside the EU. Such requests are known as Part 2 requests. Our lawyers have dealt with requests for extradition from countries such as: Australia, USA, Russian Federation, United Arab Emirates, The Gambia, South Africa, India, New Zealand and Thailand.
The procedure for dealing with Part 2 requests is very different from the procedure for dealing with EAW requests. The extradition process is generally longer as the decision whether to order extradition rests with the Secretary of State for the Home Department (SSHD) who considers the case after a Judge has considered the case.
Many recent high profile cases have shown how complex the extradition process can become. You or the person being extradited may feel that the likelihood of a fair trial abroad is slim or that prison conditions in the requesting state would breach the person’s human rights.
The Judge at the extradition hearing will decide if there are any bars to extradition that would prevent extradition. The Judge must also decide if the person’s extradition is compatible with the rights set out in the Human Rights Act and the European Convention on Human Rights. Some countries need to provide supporting evidence to establish a ‘case to answer’ and we are able to offer expert advice on the challenges that can be raised to resist an extradition request.
If the Judge at the extradition hearing decides there is a case for extradition, he sends the case to the SSHD who then considers whether to make the extradition order. The SSHD has to make a decision within 2 months of the case being sent to her or the requested person must be discharged. Representations can be made to the SSHD during the first 4 weeks.
Appeals against the decision of the SSHD or the Judge can be made to the High Court within 14 days of the decision to order extradition being made by the SSHD. A requested person should be extradited within 28 days of the SSHDs decision to extradite, unless there is an appeal, in which case the person is only extradited once all domestic legal remedies have been exhausted.
Extradition can be a very complex and protracted process, causing a considerable amount of stress to all those involved. If you or someone you know are under threat of extradition, contact our specialist team of extradition solicitors for advice tailored to your particular circumstances.
Our extradition specialists are part of our London based extradition team. We have almost four decades of experience helping clients from around the UK with a wide variety of legal matters. For expert legal advice use our contact form or call us on 0808 250 6017 today.