HomeExtradition Lawyers London
London is the centre of international extradition proceedings in England and Wales. Westminster Magistrates’ Court, the High Court and, in exceptional cases, the Supreme Court all sit here. If you or a family member is facing extradition proceedings in London, securing specialist legal representation as early as possible is the decision that most determines what options remain open. Contact our team for a confidential assessment today.
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 within 48–72 hours. 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.
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. A person cannot be arrested in the UK solely on the basis of a Red Notice — there must also be a valid domestic warrant or provisional arrest warrant issued by a UK court.
If you are arrested in London on a Red Notice, you are entitled to appear before Westminster Magistrates’ Court within 48 hours, 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 Interpol’s Commission for the Control of Interpol’s Files (CCF).
Which court handles extradition cases in London?
All extradition cases in England and Wales begin at Westminster Magistrates’ Court in central London. Appeals go to the High Court (Administrative Court) and, where a point of law of general public importance is certified, to the UK Supreme Court.
Can I get bail while fighting extradition?
Yes. Bail can be applied for at the first hearing before Westminster Magistrates’ Court. The court will assess the risk of flight and may impose conditions including a curfew, reporting requirements, surrender of travel documents and electronic tagging. A specialist solicitor can advise on the prospects of bail in your specific circumstances.
What is the time limit for extradition proceedings?
For Category 1 cases the first hearing must typically take place within 48–72 hours of arrest. For Category 2 cases the timetable is longer. With appeals, proceedings can run to two or three years. There is no fixed upper limit.
Can extradition be refused on human rights grounds?
Yes. The Extradition Act 2003 requires the court to refuse extradition if it would be incompatible with the requested person’s Convention rights. Successful challenges have been brought on the basis of prison conditions, risk of torture or ill-treatment, an unfair trial process in the requesting state, and the impact of extradition on minor children in the UK.
Can I appeal if extradition is ordered?
Yes. There is a right of appeal to the High Court against an order to extradite. Extradition is automatically stayed pending appeal. If the High Court certifies a question of law of general public importance, a further appeal to the Supreme Court is possible.
