Challenging an Extradition Request in UK Courts (Magistrates’ Court, High Court)

Challenging an Extradition Request in UK Courts (Magistrates’ Court, High Court)

The right to challenge an extradition request in the United Kingdom is a key tool for protecting individuals facing the threat of forced return to another country. This legal service is essential for foreign nationals detained in the UK under an extradition request, as well as for those whose proceedings have begun in the Magistrates’ Court or who have received an adverse decision and need to appeal to the High Court. 

The main objective is to prevent unjustified or unlawful extradition and to safeguard rights under the Human Rights Convention and UK law.

Representation in the Magistrates’ Court during extradition proceedings

Proceedings in the Magistrates’ Court are the initial stage of reviewing an extradition request. Successful defence at this stage can avoid further procedures and lead to release from custody.

Lawyer’s actions:

1. Analyses the request for compliance with UK and international law;
2. Collects and submits evidence of potential human rights violations if extradited;
3. Prepares motions, objections, and other written submissions to the Magistrates’ Court;
4. Personally represents the client at hearings, opposing extradition based on available evidence.

Result: qualified defence in the first-instance court, a real chance of refusal, and support in securing release or improved detention conditions.

Appealing the Magistrates’ Court decision in the High Court

If the Magistrates’ Court rules that extradition is permissible, the individual has the right to appeal to the High Court — a crucial stage for defending rights before a higher judicial authority.

Lawyer’s actions:

1. Reviews the reasoning of the Magistrates’ Court decision;
2. Develops the legal position and grounds for appeal;
3. Prepares complaints, applications, and supporting documents for the High Court;
4. Represents the client, including requests to suspend the extradition order.

Result: opportunity for case review, suspension of extradition, and the possibility to remain in the UK if the appeal succeeds.

Grounds for prohibiting extradition: human rights violations, political motives, risk of torture

It is vital to invoke all available legal grounds under UK law and the Human Rights Convention to prevent extradition.

Lawyer’s actions:

1. Assesses the risk of torture, inhuman or degrading treatment in the requesting state;
2. Investigates the political context and potential for politically motivated persecution;
3. Prepares claims under Articles 3, 5 and 6 of the European Convention on Human Rights;
4. Provides thorough documentation and legal justification for the identified risks.

Result: legal grounds to prohibit extradition, potential for additional protection (e.g. refugee status), and preservation of liberty and dignity.