Extradition under Part 1—arrest and initial hearing
Produced in partnership with Jasvinder Nakhwal, Celia Marr and Kerri McGuigan of Peters & Peters
Extradition under Part 1—arrest and initial hearing

The following Corporate Crime guidance note Produced in partnership with Jasvinder Nakhwal, Celia Marr and Kerri McGuigan of Peters & Peters provides comprehensive and up to date legal information covering:

  • Extradition under Part 1—arrest and initial hearing
  • Arrest and initial hearing under Part 1
  • Certification
  • Arrest
  • Service of an arrest warrant or provisional warrant
  • Timing of initial hearing
  • Provisional arrest
  • Initial hearing following provisional arrest
  • Proceedings at the initial hearing
  • Active case management and active assistance
  • more

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Notes: Brexit—introduction to the Withdrawal Agreement, Extradition post-Brexit and The impact of Brexit on the European Arrest Warrant (EAW).

Arrest and initial hearing under Part 1

A defendant arrested pursuant to a certified extradition request issued by a Part 1 territory, or pursuant to a provisional arrest warrant in anticipation of the receipt of a Part 1 warrant (European Arrest Warrant or EAW), must then be brought before the extradition judge for an initial hearing.

For a general introduction to the statutory framework, see Practice Note: Extradition and the statutory framework—an introduction to extradition.

Certification

EAWs must be certified by the designated authority (currently the National Crime Agency (NCA) and the Crown Agent of the Crown Office (in Scotland)).

An EAW can be certified if the NCA is satisfied that it was issued by a judicial authority with the function of issuing arrest warrants in the Part 1 territory.

The EAW must contain, either:

  1. a statement that the subject of the request is wanted