Extradition

Stokoe Partnership Solicitors’ extradition lawyers are highly experienced at dealing with applications under the Extradition Act 2003 for the arrest of clients in the UK facing extradition to other countries to face prosecution or a sentence for alleged offences.

Our team have expert knowledge of providing advice and representation to clients in relation to:

• Challenging arrest and extradition under a European Arrest Warrant (EAW), including challenges brought on the basis of the defendant’s age, the passage of time, double jeopardy or the fact that the warrant applies to a prosecution or penalty designed to punish the defendant on the basis of their race, religion, nationality, gender, sexual orientation or political opinions.
• Challenging arrest and extradition to a non-European country under Part 2 of the Extradition Act 2003 including on the basis of the above bars to extradition or the lack of proper evidential basis.
• Challenging extradition on human rights grounds, including where extradition would result in an unfair trial, serving a sentence in conditions amounting to inhuman or degrading treatment, the risk of death or torture, or disproportionate interference with the right to a private and family life.
• Appeals against extradition
• Bail pending extradition proceedings
• Clients who are subject to Interpol red notices

Notable cases

Successfully represented a client whose extradition was sought by Belgium under a EAW for offences of drug trafficking, money laundering and being part of a criminal organisation. The proceedings lasted in excess of 6 years, with no less than four separate EAW’s being issued, and all of them were successfully opposed and discharged either by the Magistrates Court or Administrative Court. The client’s extradition was originally sought under an accusation warrant requesting his extradition to Belgium to stand trial. Whilst the EAW was being challenged in the UK Courts the Belgian prosecutor had proceeded to trial against our client in his absence, which resulted in convictions in Belgium.

The Belgian authorities then sought his extradition under a new conviction warrant. The Administrative Court condemned the conduct of the Belgian authorities in convicting a suspect whilst they were exercising their legal right to oppose their extradition and discharged the conviction warrant.

Successfully represented a client whose extradition was sought by Italy under a EAW for an alleged VAT fraud in excess of €20million. The alleged fraud related to evasion of duty owed on alcohol. Having opposed his extradition to Italy we worked closely with the clients’ lawyers in Italy and were successful in not only discharging the warrant in the UK but also assisted in the underlying warrant being discharged in Italy.

We successfully acted for a client whose extradition was sought by the Republic of Ireland under an EAW for the offence of facilitating the illegal entry of immigrants into Ireland. The alleged offence had taken place some 5 years previously. Our client was heavily pregnant at the time of her arrest under the EAW. We successfully argued it would be oppressive to both her and her unborn child to both to be extradited given the delay. The Magistrates Court accepted our submissions and discharged the warrant.