Extradition Lawyer in Edinburgh: Court, Deadlines and Local Steps

Which court and Scottish authority handle the case?

Sections 67 and 139 of the Extradition Act 2003 identify the sheriff of Lothian and Borders as the appropriate judge for Parts 1 and 2. Edinburgh Sheriff Court is at 27 Chambers Street, Edinburgh EH1 1LB. The public entrance is on level 4 from Chambers Street, with security screening. The Justice of the Peace Court shares the building but is not the designated extradition court.

Identify whether the papers fall under Part 1 or Part 2. Part 1 covers UK–EU Trade and Cooperation Agreement (TCA) surrender and certain transitional European Arrest Warrant (EAW) cases; Part 2 generally covers requests from other designated territories. For an older EAW, the arrest date matters: if arrest for execution occurred before 23:00 GMT on 31 December 2020, the legacy EAW framework continues; if the warrant was issued before the transition period ended but no arrest had occurred by then, it is treated as a valid warrant under the TCA Title VII arrangements. Counsel should check the warrant, issue date and arrest date—nationality or airport alone does not identify the route. Under section 141, Scottish Ministers perform most Part 2 functions in Scotland instead of the Secretary of State, subject to statutory exceptions. In the cited Scottish appeals, the Lord Advocate represented the requesting authority; the sheriff decides the judicial questions.

What does an arrest at Edinburgh Airport mean?

Edinburgh Airport says UK Border Force controls immigration and passport procedures for international arrivals. That is separate from an extradition arrest. Passport examination, immigration detention, extradition arrest and a domestic criminal charge are different events. Ask for the arrest time, legal power, custody reference and warrant details; an INTERPOL reference alone does not identify the UK arrest power.

For an EU-related case, ask the solicitor to identify the TCA route or any preserved pre-transition warrant. Secure Scottish representation and establish when and where the person will appear.

Which clock applies after arrest: 48 hours or 45 days?

There is no general statutory “72-hour limit” for every extradition detention. The applicable clock depends on the warrant and arrest power.

Sections 4(3), 6 and 74 set different clocks. Section 6's 48-hour rule applies only to Part 1 provisional arrest under section 5; an arrest under an issued Part 1 warrant requires appearance as soon as practicable. Under Part 2, the 45-day period concerns documents only and does not permit a 45-day delay in first appearance. Record the exact arrest time, the legal power used, any bail decision and when each document arrived.

Practical plan, not a legal deadline: obtain the warrant, record language and medical needs, and contact a Scottish solicitor. Before the hearing, check identity, route and papers and prepare any bail proposal. At court, address custody, representation and interpretation; relatives should confirm the prison and send records through the solicitor.

Where might the person be held, and how do visits work?

The Scottish Prison Service says HMP Edinburgh receives prisoners mainly from courts in Edinburgh, the Lothians and Borders, and also Fife. It holds adult men, including people on remand. This does not prove that a particular extradition detainee is there: confirm allocation before travelling and do not assume the same placement for women or specialist cases.

At HMP Edinburgh, prisoners book their own visits and tell visitors the time. Remand prisoners may have one 30-minute visit daily except Sunday. Visitors must bring two accepted documents: one photographic ID and one proof of address dated within the previous three months. Professional “agents” visits must be booked through the telephone or email contact published on the official HMP Edinburgh page, with at least 24 hours’ notice. These are published arrangements, not a guaranteed slot for a particular person. Address: 33 Stenhouse Road, Edinburgh EH11 3LN.

Bail is for the sheriff under the applicable provisions, including sections 9 and 77; a Scottish address does not guarantee release. Provide verified accommodation, a realistic attendance plan, identification and any proposed surety. Check for separate grounds of detention.

How can family contact the court or arrange interpretation?

For criminal enquiries, the Scottish Courts and Tribunals Service lists 0131 225 2525, then option 3 for the Criminal Department and option 1 for criminal enquiries; the email is edinburghcrime@scotcourts.gov.uk. The Sheriff Clerk’s office hours are weekdays, 09:00–13:00 and 14:00–16:00. The Criminal and Cash Office closes from 13:00 on the last Thursday of each month for training; check the live court page for urgent cases.

A telephone interpreter can help with court staff, but SCTS says this service is not available during court proceedings. Tell the solicitor the language and dialect needed for the hearing and put access needs in writing. Conversational English does not prove understanding of consent or waiver. Check legal-aid eligibility under the Scottish scheme; do not assume England-and-Wales arrangements apply.

Where does an appeal from Edinburgh go?

For a Part 1 extradition order, section 26 requires notice of an application for leave to appeal within seven days starting with the day the sheriff makes the order. The appeal is heard by the High Court of Justiciary. The Act has a narrow late-notice protection where the person did everything reasonably possible to give notice as soon as possible; do not rely on it instead of meeting the deadline. Check the date of the written order immediately.

Part 2 decisions follow a different sequence, including Scottish Ministers’ decisions and notification-based appeal periods. Identify the decision and communication date before calculating time. A routine UK Supreme Court appeal is not the ordinary Scottish route, although a distinct route may apply to a devolution issue. For refusal grounds and remedies, see the UK extradition challenges and deadlines guide; for the national procedure, see the UK extradition procedure guide. An appeal, bail application, immigration process and INTERPOL data challenge are separate procedures.

What do Marcoci and Romanik establish in Scottish appeals?

In Marcoci v Lord Advocate [2026] HCJAC 1 (15 January 2026), the High Court of Justiciary considered an appeal from an Edinburgh Sheriff Court extradition order. It refused to adjourn the appeal merely because an asylum claim remained undecided: section 39(3) generally bars extradition until the asylum claim is finally determined, subject to section 40, but does not itself require the appeal to be adjourned. The court also held that extraordinary proceedings abroad did not bar extradition where the sentences remained unsuspended and the warrants enforceable. Obtain official translated documents showing whether each sentence and warrant remains enforceable; do not assume a pending foreign challenge automatically suspends it.

In Romanik v Lord Advocate [2026] HCJAC 15 (6 May 2026), the court refused leave to appeal against an Edinburgh order enforcing a sentence. It held that section 21A’s specific proportionality test applies to requests for prosecution, not to the sentence-enforcement case before it. It separately considered the section 25 health ground and Article 8 family-life arguments; the evidence did not meet the high threshold on those facts. Marcoci is a reasoned Scottish Appeal Court judgment on adjournment pending an asylum claim; Romanik is a reasoned refusal of leave in a sentence-enforcement case. Neither determines the outcome of another case. Gather independent clinical evidence and concrete proof of actual dependency, and have Scottish counsel check the latest authorities. Detailed refusal grounds belong in the linked guide.

What should relatives send the Scottish solicitor?

• Full name, date of birth, citizenships, custody reference, exact arrest time and current detention location.
• The warrant, certificate, request or provisional warrant, translations and dates of service.
• The foreign judgment and appeal decisions, plus official confirmation of whether the sentence or warrant is suspended or enforceable.
• Bail evidence: verified address, work or care responsibilities, a realistic attendance plan and any proposed surety.
• Independent medical records, medication details, safeguarding concerns and the exact language or dialect needed in court.
• The sheriff’s written order and next hearing date; record separately the date made and the date received.

Hypothetical example: a Romanian citizen is arrested after landing at Edinburgh Airport on a warrant to enforce a sentence. A relative in Glasgow is told to contact the Administrative Court. The correct local first step is to instruct a Scottish extradition solicitor, verify the case at Edinburgh Sheriff Court, confirm custody and identify the warrant route. If the sheriff orders extradition under Part 1, the solicitor must immediately assess the seven-day application-for-leave deadline in the High Court of Justiciary. This illustrates the forum and deadline, not the outcome.

This page provides general information, not advice on an individual case. Our team can coordinate cross-border defence with a Scottish lawyer instructed for the proceedings; send a confidential case enquiry.