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“SGK are an excellent criminal firm. Their reputation is well deserved and their place in serious and high profile trials unsurprising.”
Legal 500 2023

Extradition and International Crime

If you are facing the threat of extradition and would like to discuss your situation in total confidence with one of our specialist extradition solicitors, please contact us today.

If you are subject to extradition proceedings it is essential that you secure immediate legal advice and assistance from a specialist Extradition Solicitor. This area of law is highly complex, and constantly evolving; a strategic approach is required from the outset of your case to give you the best prospect of success.

We understand that the instigation of extradition proceedings can have a devastating impact upon you, your family and career.  We will provide you with quick, accessible, and effective legal advice, whilst supporting you and your family throughout the entire process.

We have successfully challenged extradition requests on legal, technical and Human Rights grounds before the lower court, and on appeal before the High Court.  We have defended clients sought in respect of serious and complex offences including multi-handed fraud, sexual offences, and serious violence. We have advised clients whose extradition has been requested by countries within Europe and worldwide.

Throughout the years of acting in cross-jurisdictional matters, we have developed a strong network of trusted legal experts from across the globe and our clients benefit from access to in-house international lawyers, particularly in respect of US extradition requests. We can engage foreign lawyers at the earliest opportunity to provide strategic advice, representation and open negotiations with the requesting state. Our proactive approach to defending extradition requests often results in proceedings being brought to a swift and favourable conclusion for our clients.

We also advise and assist citizens who have been arrested and detained overseas and are facing criminal proceedings in a foreign jurisdiction. We offer effective crisis management, utilising our professional network to facilitate immediate advice from our reliable international counterparts.

How we can help

Mindful that every client has much at stake, with each case presenting its own unique challenges, we will quickly secure the right defence team for you: from specialist counsel and international lawyers to expert witnesses. We offer a tailored service to accommodate the specific needs of our clients:

  • Provide urgent advice and assistance following arrest and secure representation at court for the first appearance.
  • Engage expert extradition counsel from the outset to formulate a strong legal defence team to devise a clear strategy for your case and work collaboratively throughout proceedings
  • Thoroughly prepare your case for the final extradition hearing
  • Engage a trusted lawyer in the issuing state to negotiate with the relevant authorities to try and prevent extradition proceedings or secure an alternative favourable outcome
  • Appeal proceedings before the High Court
  • Support you and your family throughout the life of your case

If you are facing the threat of extradition and would like to discuss your situation in total confidence with one of our specialist extradition solicitors, please contact us today.

Defending Extradition Proceedings
 
In many cases, individuals only become aware that they are sought in another state upon being arrested. The Requested Person may be subject to an Accusation Warrant, to be prosecuted in the requesting state or on a Conviction Warrant, to serve an outstanding sentence.

Proceedings move quickly following arrest; the Requested Person will usually be remanded in custody at their local police station before being brought ‘as soon as reasonably practicable’ before Westminster Magistrates’ Court for their first appearance. This hearing will also present one of the very limited opportunities to apply for bail, at the lower court. Securing bail in extradition proceedings is challenging, and usually subject to stringent conditions being imposed. We are adept at quickly compiling a robust bail package, which will need to carefully prepared, and skilfully presented to the court to offer the best chance of success.

Bail appeals can be made to the High Court but only following two refusals to grant bail before Westminster Magistrates’ Court.

Extradition proceedings are challenged by the Requested Person raising bars against their extradition. The Judge will consider whether any statutory bars apply and/or whether extradition would be compatible with the requested person’s Human Rights.

In order to properly raise and advance certain bars against extradition, expert evidence will be required. We have acted in extradition cases involving multi experts and have trusted defence experts on hand to engage for initial advice and instruct to provide credible evidence in extradition proceedings.

If you or a member of your family have been arrested on an Arrest Warrant or believe you are subject to extradition proceedings, please contact us immediately. Timely engagement will enable us to advise as to the urgent next steps, quickly identify key issues pertaining to your case, assemble a strong defence team and compile a favourable bail package.

If extradition is ordered, the Requested person can apply for permission to appeal the decision to the High Court, which starts the day extradition is ordered.

Strict time limits apply, so do not delay in obtaining independent legal advice in respect of any potential appeal proceedings.

Instructing a lawyer in the requesting state

If you are subject to extradition proceedings one of the most effective steps you can take is instructing a reputable lawyer in the requesting state to try and compromise the Arrest Warrant domestically.
At Shaw Graham Kersh, we have built up strong professional relationships with expert international Lawyers who we work with regularly to help challenge an Arrest Warrant at its core. This is something that should be explored in the early stages and progressed throughout, running parallel to extradition proceedings. Our international colleagues can assist by:

  • Advising on the correct criminal process and procedure in the requesting state
  • Access the criminal case file to assess the strength of evidence and case against you
  • provide advice and assistance  to strengthen the extradition case before the UK court
  • Advise as to whether there is any way of compromising the warrant domestically
  • Negotiate with the authorities in the requesting state to secure a voluntary surrender, a reduction in sentence or an alternative favourable outcome
  • Advise and assist with a transfer of sentence

Extradition requests from the US are particularly complex, requiring tactical considerations throughout. US prosecutors adopt a tenacious approach to extradition and criminal proceedings; early engagement with a US attorney to negotiate your position is therefore key to secure the best resolution possible.

Our clients whose extradition is sought by the USA, will benefit from the invaluable advice and assistance from our in-house US qualified lawyer.

If a member country is looking to locate a fugitive, they can request the International Criminal Police Organisation (“INTERPOL”) to publish a Notice. This will be issued to authorities, globally, to assist in tracking down a wanted person. INTERPOL consists of 196 member countries providing a strong international reach; the Red Notice system is a prominent mechanism for authorities to share intelligence and communicate fluidly.

A Red Notice is issued to alert member states that an individual is sought for an alleged criminal offence, pending prosecution or to serve an outstanding sentence in the requesting member state. A Red Notice helps facilitate extradition to the requesting member state, usually by expediting the arrest of the wanted person to enable the commencement of such proceedings.

We can assist with challenging Interpol Red Notices from across the globe.

International Crisis Management

Attempting to navigate the criminal justice system in a foreign jurisdiction is daunting, made worse by the language barrier and uncertainty of securing a trusted foreign lawyer.  Initial engagement with the foreign authorities without the assistance of a legal expert may impact the outcome of your case. It is essential that your basic and legal rights are immediately upheld, wherever you are being detained.

We accept crisis management instructions on a private basis and where necessary can assist by:

  • Obtaining initial instructions to understand the needs of your case
  •  Utilise our network of trusted legal experts to engage a suitable lawyer in the foreign state to offer immediate advice and assistance
  • Secure a legal team to devise a clear strategy for your case
  • Assist with communication, case preparation, instructions and gathering evidence that may assist with proceedings in the foreign state
  • Liasing with UK and foreign authorities on your behalf, where necessary
  • Attend on your overseas, with your instructed lawyer, to offer support and ensure your best interests are being properly represented.

You may be reading this as a family member, tasked with the very stressful responsibility of finding the best help and support for your loved one.  You do not have to face this alone, so please contact us in complete confidence today.

We accept instructions on a private basis with bespoke packages individually tailored to your budgetary and personal needs. We will consider representation under Legal Aid in respect of extradition proceeding however we do not take on all publicly funded cases and not all lawyers in the firm are available for this work. Please contact us to discuss private case costs and eligibility for legal aid.

For more information on any of the above or if you have been requested to attend an interview or have notification of court proceedings, please contact us today.

Contact the team

Telephone: 020 7734 9700

chloe Hingley Chloé Hingley
Consultant
c.hingley@sgkllp.com
Laura Porteous Laura Porteous
Senior Associate
l.porteous@sgkllp.com
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