Extradition (Mishcon Private)

Extradition

The UK left the EU on 31 January 2020. A transition period, during which EU laws continue to apply in the UK, is due to end on 31 December 2020. The UK/EU Withdrawal Agreement sets out transitional arrangements and negotiations for the future UK/EU relationship are ongoing.

Whilst extradition provides an essential tool in allowing governments to seek the return of individuals who have committed serious criminal conduct within that jurisdiction, it has also become a favoured tool for certain governments to apply significant pressure to targeted individuals. In recent years, we have seen a significant number of politically motivated requests for individuals who have fallen out of favour in the requesting state.

The team has particular experience resisting extradition requests on the basis of human rights infringements or political motivation. We recognise that state-sponsored corporate raiding is often the catalyst for criminal investigations and resulting extradition requests and that governmental change can lead to individuals being targeted through no fault of their own.

The team has significant experience acting for clients who are facing extradition from the UK to jurisdictions including the Russian Federation, India, Saudi Arabia, Monaco, Romania the US and Peru. We are able to provide specialist advice at every stage of the extradition process; from pre-emptory work in relation to an anticipated request to the substantive extradition hearing and, where necessary, appeals. As an extradition request often forms only one part of a broader legal dispute, we ensure that any defence is formulated with a global strategy in mind, including the removal of Red Notices, immigration objectives, related civil litigation and reputational issues.

We can utilise our international network of trusted political experts and local lawyers to assist us where necessary. We can also assist foreign counsel where extradition requests have been made by the UK Government.

Our extradition team is led by Ben Brandon, a leading individual in the field whose experience at the Bar means he is able represent clients in court. We work closely with our colleagues in the Immigration and Reputation Protection departments, as appropriate to provide a holistic service to clients who are the subject of an extradition request.

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