Extradition Solicitor: Specialist Legal Advice and Representation

If you are facing extradition proceedings, obtaining advice from a specialist extradition solicitor or lawyer at an early stage can be critical. Extradition cases move quickly and can involve complex questions of criminal law, human rights, international law and procedure.

George Hepburne-Scott is a specialist extradition barrister with extensive experience representing requested persons in extradition proceedings at Westminster Magistrates' Court and in extradition appeals before the High Court.

He acts in cases involving extradition requests from countries throughout the world, including complex and high-profile proceedings concerning human rights, prison conditions, political motivation, passage of time, proportionality and the adequacy of evidence relied upon by requesting states.

Do I need an extradition solicitor?

Anyone arrested under an extradition warrant should obtain specialist legal advice as soon as possible.

Extradition is a specialist area of law. Although extradition proceedings take place within the criminal justice system, the legal principles and procedures are very different from an ordinary criminal prosecution.

An extradition lawyer will consider not simply the allegation made by the requesting country, but whether the legal requirements for extradition under the Extradition Act 2003 have been satisfied and whether any statutory or human rights bars prevent extradition.

Early advice can also be particularly important in relation to bail, obtaining evidence from overseas, instructing appropriate experts and identifying potential challenges before the substantive extradition hearing.

Extradition solicitor or extradition barrister?

People searching for an extradition solicitor will often need assistance from both solicitors and barristers specialising in extradition law.

An extradition solicitor will ordinarily manage the case, prepare evidence, correspond with the prosecuting authority and instruct specialist counsel where appropriate. An extradition barrister provides specialist legal advice and advocacy and represents the requested person before the courts.

George Hepburne-Scott is an extradition barrister, rather than a solicitor. He regularly works with specialist extradition solicitors and represents requested persons in complex extradition hearings and appeals.

In appropriate cases, members of the public may also be able to instruct a barrister directly under the Public Access scheme, without first instructing a solicitor. Whether direct access is appropriate will depend upon the circumstances and requirements of the particular case.

What can an extradition lawyer challenge?

The grounds available for opposing extradition depend upon the requesting country, the terms of the extradition request and the individual circumstances of the requested person.

Potential issues can include whether the extradition documentation satisfies the requirements of the Extradition Act 2003; whether the conduct amounts to an extradition offence; whether sufficient evidence has been provided where a prima facie case is required; and whether extradition is barred by the passage of time.

Cases can also involve arguments concerning double jeopardy, extraneous considerations or political motivation, forum, proportionality and compatibility with the European Convention on Human Rights.

Human rights arguments can be particularly important where there are concerns about prison conditions, medical treatment, the fairness of a future trial or the effect extradition would have upon the requested person and their family.

Human rights and extradition

The Human Rights Act and European Convention on Human Rights play an important role in extradition proceedings.

Under section 87 of the Extradition Act 2003, the court must consider whether extradition would be compatible with a requested person's Convention rights.

Depending upon the circumstances, extradition cases may engage Article 3 ECHR, which prohibits torture and inhuman or degrading treatment; Article 6, concerning the right to a fair trial; and Article 8, protecting private and family life.

Cases involving prison conditions or treatment in the requesting country can require detailed expert evidence and consideration of diplomatic assurances offered by the foreign government.

Extradition hearings at Westminster Magistrates' Court

Extradition cases in England and Wales are generally dealt with at Westminster Magistrates' Court in London, which is the specialist court responsible for extradition proceedings.

Following arrest, the requested person will normally appear before the court and the question of bail may need to be determined.

The court will subsequently consider whether the statutory requirements for extradition have been met and whether any bars to extradition apply.

Complex cases can involve extensive legal argument, expert evidence and evidence concerning the legal or prison system of the requesting country.

Extradition appeals to the High Court

A decision in an extradition case may be capable of appeal to the High Court.

Extradition appeals are highly specialised and are governed by strict procedural requirements and time limits. An appeal may concern errors of law made by the extradition judge, the treatment of evidence, human rights issues or new evidence that was not available at the original hearing.

George Hepburne-Scott has experience appearing in significant extradition appeals before the High Court, including cases involving complex questions concerning human rights, diplomatic assurances and foreign criminal justice systems.

Experience in complex extradition cases

George Hepburne-Scott has represented requested persons in a wide range of extradition proceedings involving both European and non-European states.

His experience includes high-profile and legally significant proceedings such as the Nirav Modi extradition case, the extradition proceedings arising from the Chloe Ayling kidnapping case, and the unprecedented proceedings concerning the first extradition request from Japan to the United Kingdom.

He has also successfully represented requested persons in cases in which extradition has been discharged on human rights grounds, including proceedings concerning extradition to Ukraine.

These cases have involved issues including Article 3 prison conditions, Article 8 private and family life, diplomatic assurances, prima facie evidence and appeals before the High Court.

Choosing a specialist extradition lawyer

Extradition proceedings can have profound consequences for the requested person and their family. They may involve the prospect of removal to another country, lengthy periods in custody and criminal proceedings in an unfamiliar legal system.

For that reason, it is important to obtain advice from lawyers with genuine experience of extradition law rather than treating the case as an ordinary criminal matter.

A specialist extradition lawyer can identify potential challenges at an early stage, advise upon the evidence required to support them and ensure that relevant statutory and human rights arguments are properly presented to the court.

Contact an extradition lawyer

George Hepburne-Scott is a specialist extradition barrister representing individuals facing extradition proceedings in the United Kingdom.

He accepts instructions in extradition hearings at Westminster Magistrates' Court and in appeals before the High Court, and regularly works alongside solicitors specialising in extradition law.

If you or a family member is facing extradition proceedings and requires specialist advice or representation, you can make contact to discuss the case and the appropriate next steps.