When will an individual be extradited from the UK to a Category 1 country?


What is meant by extradition?

Extradition is the formal procedure for returning persons located in one country to another country for the purpose of criminal prosecution, to be sentenced for offences for which they have been convicted or for the carrying out of a sentence that has already been imposed.

Is there any legislation in England and Wales which deals with the extradition of people from our shores?

The Extradition of people out of the UK is covered by a piece of legislation called the Extradition Act 2003.

Extradition from the UK

Extradition from the UK can occur relating to two different categories of countries for that individual to be extradited to. They are as follows:

Extradition to Category 1 Countries

When an individual is extradited from the UK to another EU country which operates a system called the European Arrest Warrant (EAW) System they will have been extradited to a Category 1 country.

What will happen when someone is arrested on a Certified European Arrest Warrant?

An individual who is the subject of a European Arrest Warrant may be arrested by a police or customs officer on the basis of the European Arrest Warrant itself.

When someone has been arrested in this manner they must be produced at the City of Westminster Magistrates’ Court as soon as is reasonably practicable.

What will happen if an individual is not subject to a European Arrest Warrant?

In various circumstances of urgency the individual may be arrested by a police or customs officer that has reasonable grounds for believing that a European Arrest Warrant has been or will be issued. This process is known as provisional arrest. Following a provisional arrest the individual must be produced at the City of Westminster Magistrates’ Court within 48 hours of arrest – furthermore the certified European Arrest Warrant must also be produced at this time.

What will be the process for the individual arrested under a European Arrest Warrant?

The individual who has been arrested as the subject of a European Arrest warrant and who faces extradition from the UK will be subject to the following two hearings:

  1. An initial hearing

  2. An extradition hearing

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For more information on:

  • The Initial hearing
  • The Extradition Hearing
  • Is it possible to appeal an extradition order?
  • What happens if there is no appeal or the appeal is unsuccessful?