With the right expertise, there are many ways to resist extradition.
The first issue is whether the request itself is technically valid. Without specialist knowledge, deficiencies can be missed resulting in wrongful extradition.
Our team has had many clients discharged and allowed to stay in the U.K. after identifying defects in the extradition request.
Next, there are statutory “bars” to extradition, such as where extradition is sought for an improper purpose. Another bar is that extradition cannot take place where it would be oppressive due to the passage of time, especially where there has been unexplained delays on the part of the requesting state.
We have had many successes in establishing bars to extradition on behalf of our clients.
Finally, extradition cannot take place where it would entail a real risk of a breach of human rights. We have successfully mounted challenges based on anticipated human rights breaches, including Article 3 of the European Convention of Human Rights (inhuman and degrading treatment), Article 5 (right to liberty), Article 6 (right to a fair trial) and Article 8 (private and family life rights).
Where there is a challenge to be made, you can rest assured we will identify and advance it with the utmost skill and expertise.
At MW, our mission, is "To make quality legal services accessible to everyone" including those who are being threatened with Extradition. Our experienced and specialist Extradition Lawyers can help you identify grounds for a challenge and mount a defense against an Extradition request.
Extradition requests from outside the European Union involve additional complexities requiring specialist knowledge.
For instance, prison conditions in some countries may be incompatible with basic standards. The position is not static and varies with the changing circumstances in each State. It is essential to have an up-to-the-minute knowledge of these issues in each country.
With McMillan Williams, you can be confident that you will have a legal team with the specialist knowledge and experience required to thoroughly investigate your case and present the strongest possible defence.
Our team have defended clients sought all over world, from Peru to Nigeria and from Albania to the United States. To talk to one of our specialist Extradition Lawyers call us today on on 020 3551 8500 or email us at firstname.lastname@example.org
You are legally and lawfully living in the UK and are being required to leave the country to face trial or serve a prison sentence.
At McMillan Williams our specialist extradition team are experts in fighting any type of extradition request. If you have been arrested on a European Arrest Warrant (EAW) it can often be a very confusing and difficult time. Our team has a wealth of experience of contesting European Arrest Warrant requests as well as extradition requests from countries outside of the operation of the European Arrest Warrant.
If you or a family member has been arrested and are facing an Extradition request, you will be taken to Westminster Magistrates Court. It is important to seek the right representation at an early stage and our specialist extradition lawyers can assist you. The Court will determine the preliminary matters at an Initial Hearing and if you contest your extradition, the Court will list your case for a full extradition hearing. The Court will often require the payment of a bail deposit by way of cash security, surrender of identity documents together with compliance with other bail conditions. It is key to identify the issues in the case early on, which could be on Human Rights grounds or procedural.
Our team can assist you from this early stage, throughout proceedings and we have successfully contested extradition requests cases, both in Part 1 (European Arrest Warrant) and Part 2 cases, both on Human Rights and on procedural grounds. Therefore if arrested on a European Arrest Warrant or for an extradition request, we can help you.
We have cases that are due to be heard at the United Kingdom Supreme Court, concerning the technical construction of the law and its applicability to a European Arrest Warrant. We have litigated cases in the Divisional Court, Administrative Court and of course at Westminster Magistrates Court.
Our expertise extends to the Human Rights challenges and the procedural challenges to extradition requests. We have extensive experience in contesting extradition on both fronts.
At MW our mission is to make quality legal services accessible to everyone, including those facing extradition. If you or a family member has been arrested on a European Arrest Warrant; or is facing extradition on an Extradition request, please contact our specialist team for advice and assistance on 020 3551 8500 or email us at email@example.com
You are legally and lawfully living in the UK and are being required to leave the country to face trial or serve a prison sentence
Extradition is the process by which those wanted to stand trial or serve a prison sentence abroad are sought.
The procedure was radically revised by the Extradition Act 2003, which sought to streamline the process within the E.U. by the introduction of the controversial European Arrest Warrant.
As a result of this and the increasingly international nature of many criminal investigations, the number of extradition requests has dramatically increased. We are specialists in the law and procedure of extradition and have been involved in many ground-breaking legal challenges to requests emanating from all over the world.
We recognise that being the subject of an extradition request can be incredibly traumatic for clients and their families. It is therefore essential to have expert representation from the outset. MW's specialist extradition team are expert in fighting any type of extradition based on technical, procedural and, in particular, human rights grounds. No matter which country is attempting to extradite you, your best chance lies with a specialist team in your corner.
With McMillan Williams you can rest assured that you will receive specialist advice and representation of the very highest quality. Call us today on 020 3551 8500 or email us at firstname.lastname@example.org