Kingsley Napley has a wealth of experience in successfully defending extradition requests. We are ranked in Band 1 of Chambers & Partners UK and have a long track record of working in this field.
A person can be liable for extradition if they are accused, or convicted of, a crime in a foreign country.
We advise both British nationals who find themselves subject to extradition requests by authorities overseas and international high net worth individuals who may need our assistance with regard to politically motivated extradition requests or otherwise. We are also often called upon to advise foreign governments in relation to extradition requests.
We have provided advice in relation to many countries across the world, including most EU countries, the USA, Canada, Australia, Chile, Bolivia, New Zealand, Russia, Ukraine, Kazakhstan, Turkey, Serbia, Bosnia, Albania, Switzerland, Kenya, Egypt, Nigeria, South Africa, the UAE, India, South Korea, Japan, Sri Lanka, China and Pakistan.
With the UK having withdrawn from the European Arrest Warrant (EAW) scheme, we are well placed to advise on requests that will inevitably follow in the post-Brexit regime. However, there is an increasing demand for advice in relation to extradition requests from non-EU countries, notably Russia, the CIS and India. In addition, there is a growing trend for requests from the US, in particular for financial regulatory or fraud related matters.
Even where a country does not have an extradition arrangement with the UK, it is possible for special arrangements to be made. We have an established network of international lawyers with whom we work closely to give clients expert advice wherever a request emanates from, or family members and assets are located.
The complexity of extradition law means that it is crucial that anyone who is the target of, or believes they may be at risk of, an extradition request, takes advice at the earliest opportunity.
How we can help
- We regularly advise clients before extradition proceedings commence. INTERPOL Red Notices are often the first indication that a person may be facing a potential extradition request. We may be able either to negotiate with the authorities to avoid extradition proceedings completely, or to obtain a more favourable outcome if a person is extradited. Preparation is key to ensure that protections are in place should an arrest or formal request be made.
- The first stage of an extradition case will involve a bail application and work must be done to ensure a full bail package can be presented to the court in case of arrest.
- Where an extradition request is made, we advise on the technical, statutory and human rights challenges available and seek to proactively defend our clients from these requests. Challenges to extradition include human rights considerations, such as the right to a fair trial, the right to a family life, and the right not to suffer inhuman or degrading treatment. Other ways of defeating extradition may be based on the specific content of the extradition request itself. The UK also provides a number of bars to extradition, which include the passage of time, double jeopardy, and the physical or mental health of a person.
- We are skilled at gathering the best evidence to support any challenges to extradition and have well-established associations with a number of international experts and NGOs who may be able to assist client cases.
Defending an extradition case will involve quite different considerations from a case which is prosecuted domestically.
Whether matters involve complex cross-border asset protection or the risk of political persecution, our strength is in advising on the strategic considerations involved.
We work as necessary with other departments within the firm to provide advice across several disciplines, including immigration, dispute resolution and family law.
We are also aware of the importance of reputational considerations and frequently work on high profile cases with our experienced reputation management colleagues to help protect clients from adverse publicity.
Our involvement in associations such as the International Bar Association, the European Criminal Bar Association, and AIJA (the International Association of Young Lawyers), means that we have strong links to a network of international lawyers with whom we work closely to achieve favourable outcomes for clients.
If you would like to discuss any of the issues mentioned above, please contact one of our specialist Extradition lawyers.