Extradition Hearings: Categories 1 & 2

Territories designated as category 1 (EU countries)

The extradition hearing in respect of category 1 should normally take place within 21 days of arrest, unless parties apply for an extension “in the interest of justice”. At the extradition hearing the District Judge decides whether the offence specified in the European Arrest Warrant is an extradition offence. If the District Judge is satisfied that the conduct amounts to an extradition offence, he must then consider whether the bars to extradition apply. These being; the rule against double jeopardy, extraneous considerations, passage of time, the person’s age, hostage-taking considerations, specialty, the person’s earlier extradition.

The District Judge is required to decide whether the person’s extradition would be compatible with the Convention rights within the understanding of the Human Rights Act 1998.

Territories designated as category 2

Under Part 2 of The Act, requests are made to the Secretary of State who then issues a certificate and sends the papers to the court. The court then issues a warrant for the requested person’s arrest.  The documentation can only be certified if the requirements of section 70 of The Act are met. Some Category 2 countries are not required to provide prima facie evidence in support of their request for extradition.

At the extradition hearing the District Judge must be satisfied with a number of issues: the sufficiency of the documents, identity  and whether or not  the offence is an extradition offence.  The District Judge will next consider whether any of the bars to extradition apply. The District Judge is then required to decide whether the person’s extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998. If it does not, then the case will be sent to the Secretary of State for consideration. The defence must make any representations within 6 weeks of the case being sent. The Secretary of State will then make a decision within 2 months of the day the case being submitted.

Our Lawyers are available 24 hours a day, providing immediate, first class legal advice, representation and assistance during legal proceedings, ensuring the best interests of our clients. Please contact our Extradition Department on 020 7388 8333 or email info@tuckerssolicitors.com