Extradition Lawyer

Aamer Anwar & Co. are an internationally respected Scottish law firm who specialise in Extradition and International law.

International cooperation has never been more widespread when it comes to extradition and the transfer of wanted individuals between different jurisdictions with extradition requests submitted and accepted on a frequent basis.

Being the subject of such a request is a hugely traumatic and upsetting experience, especially if you have set up roots and established a family life in the UK, and swift action is vital to having the best possible chance of avoiding extradition.

Navigating extradition cases in the UK requires a sophisticated understanding of both UK and foreign law and if you are facing extradition it is essential that you have the right legal team fighting on your behalf.

What is Extradition?

Extradition is the formal process for a person to be surrendered from one country to another so they can answer for their alleged crimes in that jurisdiction.

Extradition requests are granted in order for a person to:

• be prosecuted
• be sentenced for a crime that they have already been convicted of
• serve a sentence

Extradition proceedings in the UK begin with an extradition request being made to the UK Government by another country.

This request will be considered, both in court and by the secretary of state, before a decision is made as to whether or not to return a wanted individual to the requesting nation.

Extradition Agreements

There are a number of extradition agreements in place between countries across the world which make the process of extradition between them a much smoother and more streamlined process.

European arrest warrant

The European Arrest Warrant (EAW) agreement removes several of the extradition barriers between member states of the European Union.

Since the Brexit transition period ended, the UK is no longer able to issue European Arrest Warrants, nor does it have to act on them.

However, there are still close working agreements in place between most EU countries and the UK and if you are the subject of an extradition request from an EU country, it is essential that you seek legal advice immediately as the process of extradition can progress very between these nations.

Extradition Treaties

The UK currently has over 100 different extradition treaties in place with countries from all over the world.

These agreements streamline the process of transferring individuals residing in the UK back to these countries should they be the subject of an extradition request.

Just because a treaty is not in place between the country where you are facing criminal charges and the UK does not mean that the country cannot issue an extradition order, nor that the UK will necessarily reject it.

For this reason, you should always seek legal advice if you believe there is any chance that you may face a potential extradition request from any country in the world.

INTERPOL Red Notice

Another reason that you may need to seek the advice of an extradition solicitor is if an INTERPOL Red Notice has been issued against you.

The purpose of a Red Notice is the help a country locate a wanted individual abroad in order for them to be detained and later extradited.

A Red Notice is not the same as an International Arrest Warrant, and is instead simply a way for foreign Governments to work together to detain those accused or convicted of a criminal offence ahead of an extradition request being made.

Even once detained, the country that issued the Red Notice will still have to submit a formal request for extradition and the detainee will still have to go through a fair trial in the Supreme court or High Court before this is granted.

If the requesting state does not submit the required documentation, or the requested person is able to show in court that they should not be extradited the individual will not be returned to the country against their will.

Extradition Defences

Just because a foreign country has an existing extradition treaty with the UK and an arrest warrant has been issued does not mean that extradition is a guarantee.

If you are facing extradition from the UK, your case will be heard at the Westminster Magistrates court where a judge will hear your defence and make a decision as to whether the extradition request will be granted.

Successfully avoiding extradition in court is a difficult task, especially when the request has come from a country that the UK currently has an existing extradition treaty with, but a great extradition attorney by your side gives you the best possible chance.

Successfully doing so relies on your attorneys being able to demonstrate that one of the established statutory or procedural bars set out in the Extradition Act 2003 is applicable to your case.

Some potential extradition defenses include:

Human Rights

Extradition will not be allowed if there are legitimate concerns that returning an individual to another country could lead to a violation of their human rights.

The historic treatment of criminals facing similar charges in the requesting country may be used by an extradition solicitor to demonstrate this as could the testimony of legal professionals from other jurisdictions.

For this reason, it is vital that the solicitor you choose has experience in both UK and international extradition law to represent you both at the initial hearing and during any potential appeal.

Double Jeopardy

Double jeopardy is a defence that prevents people from being tried for the same offence multiple times.

No matter what the outcome of the original case was, whether exonerated or convicted, if a person has already been tried for an offence they cannot be extradited in order to face the same charges again.

Place

In some situations, it may be decided that the country which has made an extradition request is not the best place for the accused to face criminal proceedings.

For example, if you are already facing charges in the UK, it is unlikely that the judicial system will allow you to leave.

In other instances, there may be multiple extradition requests submitted by several nations and a decision will have to be made on the most suitable country for an individual to be moved to.

Time

The length of time that has passed between the alleged offence taking place and the extradition request being submitted will be taken into account during an extradition case.

Your age, both then and now, may also be a contributing factor to the decision that is made.

Ulterior motive

Before a judge approves extradition requests they need to be convinced that the main reason behind the requested person’s extradition is in order for them to face the stated alleged offences.

If there is evidence that there is an ulterior motive behind the request being submitted, such as reclaiming outstanding debts, the request should be denied.

Third-Party Extradition

Extradition requests should only be approved if the criminal charges faced by the accused come directly from the requesting country.

It is against the terms of the Extradition Act for a country to make an extradition request on behalf of another country only to hand over the individual once the request has been accepted.

Similarly, if you have already been extradited to the UK to answer for alleged criminal offences, you cannot then be further extradited to a third jurisdiction without the permission of the original nation.

Some of these bars are black and white and extradition requests that clearly violate one or more of these will be swiftly rejected.

However, many will be marginal decisions that will come down to the court’s interpretation of the intentions of the requesting state, and if your case comes down to this it is essential that you have the best possible legal representation in your corner.

Why Choose Extradition Lawyers from Aamer Anwar?

When you choose Aamer Anwar & Co. our extradition team will be there to help you navigate complex extradition matters at every stage of the process.

It is vital that when you are faced with extradition you get legal advice from an experienced solicitor with expertise in the complex and technical area of extradition law, and the lawyers at Aamer Anwar offer this and more.

We know that being the subject of a successful extradition request can have devastating consequences, and we offer our clients all the expert advice and support required to fight extradition requests whilst protecting the interests of them and their families.

We will diligently check that all the requirements for extradition have been met by the requesting state and whether any of the potential bars to extradition are applicable to your case.

Based on all the available evidence, and their knowledge of previous extradition cases, one of our expert extradition solicitors will then advise you on whether or not to:

• Challenge the extradition request
• Appeal against the extradition request

Extradition Lawyers with International Contacts

Given the international nature of extradition proceedings, having an in-depth understanding of global law is essential to the success of an extradition lawyer. 

At Aamer Anwar, we also have contacts and experience of the legal process in countries across the world and will use our knowledge of UK and international law to represent you in the best way possible during your extradition hearing.

Outstanding Reputation

We have an excellent relationship with the leading counsel on Extradition in Scotland, and as members of the International Bar Associated and the Defence Extradition Lawyers Forum, regularly deal with a huge global network of overseas lawyers.

Get in Touch

For legal assistance from an expert team of extradition specialists with substantial experience in this complex area of law, contact Aamer Anwar & Co. today by phone at 0141 429 7090, or by email at office@aameranwar.com.