EXTRADITION AND MUTUAL LEGAL ASSISTANCE
Extradition and Mutual Legal Assistance
Everyone arrested on an extradition request in England and Wales has a hearing at Westminster Magistrates’ Court; many cases are appealed to the Administrative Court or lead to judicial review proceedings. In recent years, members of Foundry Chambers have acted in some of the largest and most complex cases in both courts, for either the country seeking extradition (known as the requesting state or Judicial Authority) or the individual whose extradition is sought (the requested person). Our members have experience in both “Category 1” (European Arrest Warrant) cases, and in Category 2 cases.
For requested persons, members of Foundry Chambers offer advice and representation in first instance hearings and on appeals throughout the process, from before arrest to appeal. Time limits in extradition proceedings can be short and invariable: our members appreciate that in this area prompt advice is essential. In appropriate cases, some members can act on a direct access basis. Members of chambers also act for requesting states, normally in conjunction with the Crown Prosecution Service International Justice and Organised Crime Division.
Mutual legal assistance is the process whereby one state requests the assistance of another in investigating or prosecuting criminal offences. It is a complex area, requiring co-operation between disparate legal systems; and information obtained through a request for mutual legal assistance is usually subject to stringent restrictions on how it may be used. Members of Foundry Chambers have experience in all aspects of mutual legal assistance, including in the drafting of letters of request.