For individuals facing such a situation, extradition can often be one of the most critical stages of their overall defence. This is why it is vital that anyone who is subject to an extradition request – or believes they are about to be – seeks immediate advice from experts in this complex and involved area of law.
Our lawyers have represented individuals whose extradition has been requested by a number of countries, including the United States, Brazil, Germany and Kuwait. The offences alleged by these states have often included financial crime, such as fraud and corruption.
Rahman Ravelli has been at the cutting edge of extradition cases since Brexit led to the UK withdrawing from the European Arrest Warrant (EAW) scheme.
Rahman Ravelli acts for individuals in complex extradition matters, either when extradition is the sole issue or when it is part of a larger, cross-border financial crime investigation.
Our experienced extradition solicitors advise clients on the technical, statutory and human rights challenges that are available when resisting extradition requests. They are skilled at gathering evidence to support all challenges to extradition and have well-established connections with a number of international experts and local lawyers worldwide. This enables us to assist clients, wherever in the world they may be facing extradition-related issues.
At Rahman Ravelli, we believe that extradition can often be a pivotal point in defending a client. This is why our advice in all such cases is pragmatic, strategic and based on our lawyers’ in-depth expertise and experience.
We have particular prowess in using extradition as leverage to negotiate with law enforcement authorities to secure favourable bail packages, reduce the charges against an individual or even discontinue prosecutions. We are also adept at securing specific guarantees to safeguard an individual in the event that extradition does occur.
Extradition proceedings can present reputational risk. But our extradition lawyers frequently work on high-profile cases and are highly experienced in handling all aspects of reputation management, including protecting clients from the brunt of adverse publicity.
Rahman Ravelli also advises clients before extradition proceedings formally commence – often challenging INTERPOL Red Notices. A Red Notice is a request to law enforcement agencies worldwide to locate and arrest a person pending extradition or other legal action.
As frequent precursors to formal extradition proceedings, INTERPOL Red Notices can have a significant impact on an individual’s freedom. Our successful challenges to such notices have involved arguments relating to procedural impropriety or politically-motivated requests.
As we are experienced in representing companies and individuals who are either witnesses or suspects in international criminal investigations, we advise clients about their rights and obligations and how best to pre-empt risks and tactically engage with investigating authorities.
Our involvement in associations such as the International Bar Association, the American Bar Association, the European Criminal Bar Association, the Defence Extradition Lawyers Forum and the International Association of Young Lawyers has seen us forge a strong international legal network. We work closely with those in our network to navigate local law and procedure and achieve the best outcomes for clients.
Rahman Ravelli has helped clients navigate the complex legal landscape not only in the UK but also in the EU, US and Internationally. Some of our case work, listed below demonstrates our expertise and experience.
Extradition is the formal legal process by which one country requests the surrender of an individual from another country in order to face criminal prosecution or to serve a sentence following conviction. In the UK, extradition is governed by the Extradition Act 2003, which distinguishes between Category 1 territories (those to which a simplified European Arrest Warrant-type procedure applies) and Category 2 territories (including the United States, which requires a more formal request process).
There are a number of statutory bars to extradition from the UK. These include: the passage of time since the alleged offence; the fact that the accused was a minor at the time; the hostage-taking bar; earlier acquittal or conviction for the same conduct (double jeopardy); concerns about the fairness of the trial process in the requesting state; human rights considerations, including the risk of torture, inhuman treatment, or an unfair trial; the physical or mental health of the requested person; and, in some cases, forum — whether the UK would be a more appropriate place to prosecute.
An INTERPOL Red Notice is an international alert published by INTERPOL at the request of a member country, seeking the location and provisional arrest of a wanted person with a view to extradition. A Red Notice is not an international arrest warrant — it does not compel any country to act — but it alerts member states' law enforcement agencies and can restrict the subject's freedom of movement, banking, and travel. Being subject to a Red Notice can have serious practical consequences even before any formal extradition request is made.
Yes. INTERPOL's rules require that notices comply with its Constitution and Rules on the Processing of Data. Red Notices must not be issued for political, military, religious, or racial reasons. Subjects can challenge a Red Notice through INTERPOL's Commission for the Control of Files (CCF), which is an independent body empowered to review and order the deletion of unlawful or unjustified notices. A successful CCF application results in the notice being removed from INTERPOL's databases. Specialist legal advice is essential to mount an effective challenge.
The UK and US operate under the 2003 UK-US Extradition Treaty, which replaced an earlier arrangement. Under the treaty, the US submits a formal extradition request to the UK government through diplomatic channels. The case is heard by Westminster Magistrates' Court, with possible appeal to the High Court and, in some cases, the Supreme Court. Critics have noted that the treaty creates an asymmetry in evidential requirements, with the US requiring only a prima facie case summary from the UK while the US provides a statement of probable cause without the need to produce prima facie evidence.
An EAW was a simplified, fast-track mechanism for extradition between EU member states. Following Brexit, the UK no longer participates in the EAW scheme. Extradition between the UK and EU member states is now governed by the Trade and Cooperation Agreement (TCA), which provides a mechanism broadly similar to the EAW but with some differences, including a reinstated forum bar and additional human rights protections. The practical operation of the new arrangements continues to evolve through bilateral practice.
You should seek specialist legal advice immediately. If you are arrested on the basis of a provisional arrest warrant or a certified extradition request, you have the right to apply for bail and to contest extradition at an extradition hearing. Early advice is critical to identifying applicable bars to extradition, gathering supporting evidence for any human rights or health arguments, and formulating an effective overall strategy. If you are outside the UK, your legal team must assess your position and risk in the country where you are currently located.
Yes. A Red Notice or diffusion can have serious consequences even if the subject is never formally arrested. Banks and financial institutions routinely screen against INTERPOL databases and may freeze accounts or refuse services. Some jurisdictions will detain individuals at borders. Visa applications may be refused. For business people and professionals, a Red Notice can effectively end commercial relationships and prevent international travel. Challenging or removing an unlawful notice is therefore often a matter of significant practical urgency.