Extradition Lawyer in London: Westminster Magistrates' Court and the Local Procedure

Which London institutions handle the case?

Westminster Magistrates' Court is at 181 Marylebone Road, London NW1 5BR. Although physically in London, it handles the initial extradition proceedings for people arrested throughout England and Wales; being arrested at another English airport does not ordinarily send the extradition hearing to that town's magistrates' court. The case is heard by a district judge exercising the statutory functions of the “appropriate judge”. Ask for the case reference and next listed hearing, not just the police custody number.

Part 1 is the domestic route used for UK–EU surrender under the Trade and Cooperation Agreement, rather than a new European Arrest Warrant issued to an EU member state as if the UK were still in the EU. Some older warrants fall under transitional arrangements. Part 2 generally covers other requesting states. The UK extradition guide explains the national framework; the local difference is that Westminster and its specialist prosecution unit remain the practical point of contact for the English and Welsh case.

What should happen during the first 72 hours?

The following is a practical action plan, not a claim that every London extradition case has a 72-hour statutory limit. Under section 4 of the Extradition Act 2003, a person arrested on an already-issued Part 1 warrant must be brought before the judge as soon as practicable. Under section 6, a person provisionally arrested under section 5 must be brought before the appropriate judge within 48 hours starting with the arrest, excluding Saturdays, Sundays, Christmas Day, Good Friday and relevant bank holidays. The required documents must also be produced within a separate 48-hour period starting with the time of arrest, with the same exclusions. While the person is before the judge at the initial appearance, the authority of the requesting Part 1 territory may apply for an extension of up to a further 48 hours for those documents; the judge may grant it only if the documents could not reasonably have been produced within the initial period. This does not extend the deadline for the initial appearance; if the person appears before the documents are ready, section 6(3) requires a further appearance when they are produced. For Part 2 arrests under a section 71 warrant, a provisional warrant under sections 73–74, or an arrest without warrant under section 74A on a certificate under section 74B, the applicable provisions generally require appearance as soon as practicable, subject to route-specific conditions and exceptions. Do not substitute the ordinary domestic criminal-arrest rule for these extradition provisions.

A hypothetical example: a Georgian national is stopped on arrival at Heathrow following a request from an EU country. A lawyer must first check whether there is a certified Part 1 warrant or a section 5 provisional arrest; the 48-hour provision cannot be assumed from nationality, airport or an INTERPOL alert alone. If the person is formally produced before Westminster, the family should obtain the case number there while confirming the separate police custody location.

When does the extradition hearing begin?

For a standard Part 1 initial hearing, section 8(4) sets a 21-day period beginning with the date of arrest for fixing the start of the extradition hearing. Sections 8(4A) and 8(5) address specified adjournments and later dates in the interests of justice. Thus “21 days” is not a promise that a contested case will be finished, nor an unconditional release date. Where a fixed start is missed, section 8 provides a discharge mechanism unless reasonable cause for delay is shown.

For Part 2, the clock depends on the arrest route. After arrest under a section 71 warrant, section 75 normally requires the hearing to begin by a date no later than two months starting with the date the person first appears or is brought before the judge. For a person arrested under a provisional warrant or under section 74A, section 76 applies only where the documents specified by law are received within the required period; the hearing date must then be no later than two months starting with the date the judge receives those documents. Under sections 75(4) and 76(5), if the hearing does not begin by the date fixed and the person applies to be discharged, the judge must order discharge. A later date may be fixed if a party applies and the judge considers it in the interests of justice. Ask the solicitor which provision and any extension order govern the file; do not calculate the Part 2 deadline from the arrest date alone.

Where is the person held, and what does the Heathrow transfer guidance cover?

Do not assume that Westminster Magistrates' Court is the detention address. The arrested person may initially be at a police custody facility and, after a custodial remand, in a prison allocated through the custody and escort system. Official Prisoner Escort and Custody Services guidance identifies HMP Wandsworth, HMP Bronzefield and HMP & YOI Feltham as examples of designated locations used before outbound extradition transfers; that list does not identify where any particular defendant is currently held or guarantee placement there.

HMP Pentonville, in Islington, is a category B men’s reception prison that holds remand and convicted prisoners. It is an example of a local remand facility, not a prediction that someone remanded after a Westminster hearing will be sent there; confirm the actual allocation with the custody officer, instructed solicitor or receiving prison.

The same official escort guidance identifies the Metropolitan Police Service Extradition Unit as a lead body for outgoing transfers and London Heathrow Airport Police Premises as one usual destination before departure; other police premises may be used. These are transfer logistics, not proof that an arriving person was taken to a particular station or that a flight has been authorised. A family member should ask the representative or custody officer to confirm the present holding location, prison number if allocated, contact rules and any scheduled movement. Do not send essential medical evidence or identity documents to a guessed prison.

Access, interpretation and meetings at the court

At the police station, a detained person can request free independent legal advice, including a duty solicitor. The solicitor handling the extradition case should separately check eligibility for publicly funded representation in court; a police-station duty solicitor does not ensure that a lawyer is instructed for the next extradition hearing. If the person does not understand English, tell custody staff and the court promptly and specify the language and dialect. HMCTS says interpreter availability depends on the case and court type, so confirm arrangements for the actual extradition hearing rather than assuming that an interpreter is guaranteed.

Westminster's official facilities listing records 14 interview rooms, prison-to-court video links by prior arrangement, accessible facilities and a portable hearing-enhancement system on advance request. These facilities do not give relatives a right to an unarranged private visit, and video participation must not be assumed without checking the listing for the individual hearing. For listing or accessibility questions, HMCTS currently lists 03308 084 407 (Monday–Friday 08:30–17:00; Saturday 08:00–14:00) and contactcrime@justice.gov.uk on the official Westminster page; check that page for current details. Court staff can help with listings and access arrangements but cannot give legal advice. Privileged legal consultations and prison visits must be arranged through the lawyer and relevant establishment. If there is a hearing impairment, make a specific request before the hearing rather than relying on equipment being arranged on arrival.

If the judge refuses bail or orders extradition

Westminster can remand the person in custody or on bail. A bail application is strengthened by verifiable London-area accommodation, an available responsible surety where appropriate, stable contact details and a realistic plan to comply with conditions; the judge still assesses the particular risk and whether the person is sought for prosecution or following conviction. A further bail application is not identical to an appeal against a final extradition order. The CPS guidance describes a route to seek bail in the High Court after two refusals by the magistrates' court, subject to the applicable procedure.

An extradition order from Westminster is appealed to the Administrative Court of the High Court, not another London magistrates’ court: Part 1 section 26 normally requires notice of an application for permission to appeal within seven days of the judge’s order; in Part 2, sections 103 (the judge’s sending decision) and 108 (the Secretary of State’s order) are distinct, both require High Court leave, and the ordinary 14-day notice period starts when the Secretary of State informs the person of the order, not at first appearance; a section 103 appeal cannot be heard until the Secretary of State decides whether to extradite. Sections 26, 103 and 108 contain narrow late-notice safeguards where the person did everything reasonably possible to give notice as soon as possible; section 108 also allows a late human-rights notice before surrender, but leave requires the appeal to be necessary to avoid real injustice and exceptional circumstances that make a hearing appropriate, so counsel should identify the decision and notification date immediately and consult the UK remedies and appeals guide for detailed grounds, deadlines and exceptions.

For a request from Poland to enforce a conviction, the Supreme Court held in Andrysiewicz [2025] UKSC 23 that the bare possibility of discretionary early release under Polish law ordinarily carries little weight in an Article 8 assessment. Only in a rare case supported by agreed or uncontested evidence showing an overwhelming probability of release, its timing, the licence conditions/probation period, and that the UK court’s inability to impose those conditions would not adversely affect the person or the public may the court predict the Polish decision; this is not a general defence for every requesting state, and the UK remedies and appeals guide explains refusal grounds and their limits.

Which documents should the family and overseas lawyer send?

• Identify the matter: full name, date of birth, nationality, exact arrest time and place, custody station and Westminster case reference if known. Check spellings against the warrant.
• Preserve court material: warrant, extradition request or notice, any judicial order, translated documents and every stated hearing date. Record the source of each document.
• For bail and urgent access: proposed address, evidence of residence, contactable supporting persons, health needs and the precise interpreter language. Give medical information to the solicitor securely.
• For overseas coordination: foreign case number, requesting authority, procedural status, judgment if one exists and trustworthy translations. For requests governed by the 1957 European Convention on Extradition, the UK implementation order requires documents to be in English or accompanied by an English translation; confirm which instrument governs this request.
• For communications: designate one family contact to obtain the court listing and prison contact details through lawful channels. Do not mistake an INTERPOL notice, immigration removal or an ordinary domestic charge for an extradition order.

For a person first detained in Scotland or Northern Ireland, the competent local court route differs: see Edinburgh and Belfast. For an English or Welsh arrest, the London concentration of hearings, the specialist CPS unit and the official custody-transfer workflow make immediate Westminster-specific case identification worthwhile. The team's role is to coordinate cross-border defence with instructed local counsel; an enquiry can be made via the request form.