Extradition

The Extradition Act 2003 has radically altered the already complex face of extradition law and procedure. The 2003 Act was intended to streamline and simplify extradition law, especially in relation to EU Member States. Coupled with an increase in the occurrence and complexity of cross-border crime, the number and seriousness of extradition requests has rapidly increased.

Far from streamlining and simplifying extradition law, the interpretation and application of the 2003 Act has proved to be one of the most difficult and fast-moving areas of criminal law in recent times.

Members of the team have been, and continue to be, at the forefront of this specialised area of law and have appeared in a significant number of ground-breaking cases.

Members of the team regularly advise and represent individuals and foreign governments in extradition proceedings at first instance and before the High Court and House of Lords. For example, members of Furnival Chambers have advised and appeared in cases concerning:

  • The Madrid train bombings
  • The 9/11 attacks
  • The collapse of Enron
  • The ‘biggest military computer hack of all time’
  • The 2001 US anthrax bioterrorism attacks

Furnival Chambers understands that extradition proceedings require the fast and decisive involvement of specialist counsel from the outset and often at very short notice, especially within the first 24 hours following arrest. The law is changing on a daily basis and urgent advice is needed. Extradition requests represent particular difficulties to criminal practitioners. The extradition team is well equipped to provide immediate assistance to defence solicitors and requesting states as to the operation and implications of the 2003 Act.

Furnival Chambers also recognises that extradition proceedings before the High Court require a unique combination of expertise and experience in both criminal and civil law. The statutory appeals procedures stand side by side with habeas corpus and judicial review. The extradition team is able to provide this experience and expertise. In fact, it was the extradition team that conducted the landmark case which ensured the continuing existence of habeas corpus and judicial review under the 2003 Act.

The extradition team in Furnival Chambers is able to offer a comprehensive range of services in this field, including:

  • In respect of category 1 territories, the drafting of, and advice on the preparation of, European Arrest Warrants
  • In respect of category 2 territories and territories with whom the UK has ad hoc extradition arrangements, the drafting of, and advice on the preparation of, extradition requests, and witness statements in support
  • General advice to defendants and requesting states prior to the implementation of proceedings
  • Advice and representation in relation to applications by defendants to the High Court for habeas corpus / judicial review at the outset of proceedings, including the drafting of all necessary forms and documentation
  • Advice to, and representation of, defendants and foreign governments in relation to proceedings at first instance
  • In respect of category 2 territories and territories with whom the UK has ad hoc extradition arrangements, the drafting of representations to the Secretary of State
  • In respect of category 2 territories and territories with whom the UK has ad hoc extradition arrangements, advice to, and representation of, defendants and foreign governments in relation to appeals or judicial review proceedings in respect of the decisions of the Secretary of State, including the drafting of all necessary forms and documentation
  • Advice to, and representation of, defendants and foreign governments in relation to appeals, habeas corpus or judicial review proceedings before the High Court, including the drafting of all necessary forms and documentation
  • Advice to, and representation of, defendants and foreign governments in relation to proceedings before the House of Lords
  • Advice to, and representation of, defendants and foreign governments in relation to proceedings before the European Court of Human Rights, including emergency Article 34 applications to the ECHR, and applications for interim measures under rule 39
  • Advice to, and representation of, defendants before the UK courts following extradition to the UK, particularly in cases concerning breaches of the rule of Specialty

Chambers & Partners (2008) says

Mark Summers and Joel Smith are both recommended in Chambers & Partners 2008 as leading juniors in extradition.

Contact

Stephen Ball is the Extradition Team's specialist Clerk. For assistance with authorities and forms, please contact Martin Adams.