HomeExtradition Lawyers London
Advice from London-based extradition solicitors. We explain how the Extradition Act 2003 works, the difference between Category 1 and Category 2 territories, the statutory bars to extradition, and what to do if you are arrested in London on an INTERPOL Red Notice, with an outline of how our team can help.
Why London-Based Extradition Solicitors Matter
Extradition law is one of the most specialised areas of criminal practice in England and Wales. It sits at the intersection of domestic criminal procedure, public international law and human rights law, and requires familiarity with a body of case law that most criminal solicitors rarely encounter. London’s specialist extradition solicitors have day-to-day familiarity with Westminster Magistrates’ Court — where all extradition hearings begin — and established working relationships with the leading extradition barristers at the English Bar. They understand how the court lists work, how district judges approach bail applications in contested cases, and what the realistic prospects are for challenging any given extradition request.
The pace of extradition proceedings makes this expertise essential from day one. A person arrested in London on an extradition request or Interpol Red Notice must appear before Westminster Magistrates’ Court as soon as practicable after arrest. In that first hearing, decisions will be made about bail and preliminary issues that can significantly affect the outcome of the overall case. A solicitor who is not immersed in extradition practice will not be in a position to act effectively at that pace.
The Extradition Act 2003 — How It Works
All extradition proceedings in England and Wales are governed by the Extradition Act 2003. The Act creates a framework with two separate procedural tracks, depending on which country has issued the request.
Category 1 Territories — Post-Brexit EU Arrangements
Following the UK’s departure from the European Union, the UK no longer participates in the European Arrest Warrant (EAW) scheme. However, the UK-EU Trade and Cooperation Agreement (TCA) preserves extradition arrangements with all EU Member States. These cases are treated as Category 1 cases and proceed through Westminster Magistrates’ Court without the involvement of the Secretary of State. The court considers whether the conduct alleged constitutes a criminal offence under UK law (the double criminality test), whether any statutory bars apply, and whether extradition would be compatible with the requested person’s rights under the Human Rights Act 1998.
Category 2 Territories — US, Russia and Beyond
Requests from countries such as the United States, Russia, Israel, Canada and most Commonwealth nations proceed under Part 2 of the Act. A formal extradition request is transmitted through diplomatic channels to the Secretary of State (Home Office). If the Secretary of State issues an authority to proceed, the matter is referred to Westminster Magistrates’ Court. After the court hearing, the final decision on surrender rests with the Secretary of State. Appeals go to the High Court and, on certified points of law, to the Supreme Court.
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Statutory Bars to Extradition
The Extradition Act 2003 sets out a number of mandatory bars to extradition. If any of these apply, the court must discharge the person. Your London extradition solicitor will examine each bar carefully in the context of your case.
Human rights (Section 21 / 87): Extradition must be refused if it would be incompatible with the requested person’s rights under the European Convention on Human Rights. The most commonly invoked Convention rights in extradition cases are Article 3 (prohibition of torture and inhuman or degrading treatment), Article 6 (right to a fair trial) and Article 8 (right to respect for private and family life). Human rights challenges require evidence of a real risk of a Convention violation — not just a general concern about conditions in the requesting state.
Double jeopardy (Section 12 / 80): If the person has already been acquitted or convicted of the same conduct in the UK, extradition must be refused.
Dual criminality (Section 10 / 78): The alleged conduct must constitute a criminal offence under the law of England and Wales. If it does not, the case cannot proceed.
Forum bar (Section 19B / 83A): Where a substantial part of the conduct alleged to constitute the extradition offence occurred in the United Kingdom, and it would not be in the interests of justice to extradite the person, the court must order their discharge. This bar requires the court to weigh a list of factors including the place where the harm occurred, the nationality of victims and the person sought, and whether prosecution could be brought in the UK.
Passage of time (Section 14 / 82): If it would be unjust or oppressive to extradite the person by reason of the passage of time since the alleged offence or since the person became unlawfully at large, extradition must be refused.
Physical or mental condition (Section 25 / 91): Extradition may be stayed or the person discharged where extradition would be oppressive by reason of their physical or mental condition.
Interpol Red Notices and Arrest in London
A significant number of extradition cases in London arise following an arrest on an Interpol Red Notice. It is essential to understand what a Red Notice is and what it is not. An Interpol Red Notice is a request from an Interpol member country to locate and provisionally arrest a person pending extradition. It is not an international arrest warrant and has no direct legal effect under UK law. In most cases an arrest in the UK requires a warrant issued by a UK court. Since the Extradition (Provisional Arrest) Act 2020, however, the police can arrest a person without a UK warrant on the basis of an international alert, such as a Red Notice, where the request comes from one of the countries specified in the Act and the National Crime Agency has certified it.
If you are arrested in London on a Red Notice, you are entitled to appear before Westminster Magistrates’ Court as soon as practicable after arrest, to apply for bail, and to have legal representation. We have extensive experience in both bail applications in Red Notice cases and in parallel challenges to the underlying Red Notice through the Commission for the Control of INTERPOL’s Files (CCF).
Related services: Extradition, Extradition Appeal Solicitors and Interpol & International Arrest Warrant.
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Frequently Asked Questions
Which court handles extradition cases in London?
Extradition hearings in England and Wales begin at Westminster Magistrates' Court in London. Appeals go to the High Court and, in exceptional cases on certified points of law, to the Supreme Court.
What is the difference between Category 1 and Category 2 extradition cases?
Category 1 cases, which include EU Member States under the UK-EU Trade and Cooperation Agreement, are decided by the court without the Secretary of State. In Category 2 cases, such as requests from the United States, the request goes through the Home Office and the Secretary of State makes the final decision on surrender.
Can I get bail while fighting extradition?
Yes, bail can be applied for at the first hearing before Westminster Magistrates' Court. The court assesses the risk of flight and may impose conditions such as a curfew, reporting, surrender of travel documents and electronic tagging.
On what grounds can extradition be refused under the Extradition Act 2003?
Statutory bars include incompatibility with Convention rights, double jeopardy, absence of dual criminality, the forum bar, the passage of time and the person's physical or mental condition. Each bar depends on the facts and evidence in the particular case.
Is an INTERPOL Red Notice an arrest warrant in the UK?
No. A Red Notice is a request from a member country to locate and provisionally arrest a person pending extradition, not an international arrest warrant. A person arrested in connection with one is entitled to appear before the court, to apply for bail and to legal representation.
