Solicitors

Extradition is one of the most stressful experiences anyone can face. For those accused of a crime in the United Kingdom while living overseas, the process can drag on for years. Many people throw everything they have – emotionally, financially, and physically – into fighting extradition in the country where they are living.

But there’s a common misunderstanding here. Fighting extradition is not the same as fighting the underlying criminal charges in the UK. Extradition proceedings only decide whether or not you will be sent back. They do not determine your guilt or innocence. And all too often, people spend huge sums of money battling to remain abroad without putting any thought into how they will face the actual case once they eventually arrive back in Britain.

This article explains why it is crucial to think about your defence in the UK at the same time as you contest extradition overseas – and why early action can make a huge difference to the outcome of your case.

Extradition: What It Really Means

When someone is wanted in the UK to face investigation or charges, the Crown Prosecution Service (CPS) and the police can apply for extradition. Depending on the country you are in, this may involve lengthy hearings, appeals, and negotiations between governments.

What extradition proceedings do not do is test the evidence against you. You could spend years and thousands of pounds fighting extradition overseas, only to find that when you eventually arrive back in Britain the case is still waiting, untouched. In fact, some cases have collapsed in the UK because the evidence was weak – but only after the accused had already endured years of uncertainty abroad.

The Missed Opportunity

Time and again we see people who have invested every penny into resisting extradition, believing they were fighting the allegations themselves. Only when their final appeal is lost – sometimes after five, six, or even ten years – do they finally pick up the phone in a panic to secure representation in the UK.

That last-minute scramble is better than leaving things to chance with a duty solicitor on arrival, but it is far from ideal. By the time extradition is approved, much of the damage is already done. Key opportunities to influence the charging decision or challenge the evidence may have been lost.

What Could Have Been Done Earlier

Had even a fraction of the resources spent abroad been redirected towards building a UK defence strategy, the outcome might have been very different.

While your overseas legal team fights the extradition request, a UK-based defence consultant or solicitor can:

– Open a dialogue with the police and CPS.
– Make pre-charge representations to challenge weak evidence.
– Request disclosure and press investigators to follow up on reasonable lines of enquiry.
– Collect and preserve evidence in your favour before it disappears.
– Ensure your side of the story is on record long before you set foot on British soil.

In some cases, we have seen charges dropped entirely while extradition proceedings were still ongoing. That means years of stress, expense, and delay could have been avoided if someone had been working on the UK end from the very start.

The Importance of Dual Strategy

If you are facing extradition, think of it as a two-front battle. On one front, your foreign lawyers challenge the extradition request in the courts of the country you are living in. On the other, your UK defence team works to undermine the case here at home.

This dual approach does not just double your chances – it changes the whole dynamic. If prosecutors see that the evidence is being tested, that holes are being exposed, and that you have a credible defence already underway, they may decide the case is not strong enough to pursue. That could bring the matter to an end before the extradition process even finishes.

What If You Can’t Afford Private Representation?

Not everyone has the funds for private defence work in the UK while also paying for overseas lawyers. But that should not stop you from making contact.

Even where funding is limited, we can:

– Brief you on the extradition process and what to expect on return.
– Advise on what to say – and what not to say – to escorting officers during the flight back.
– Ensure that quality legal aid representation is in place for your arrival in the UK.
– Provide guidance so you are not blindsided at the airport or in the police station.

Sometimes the smallest bit of preparation makes the biggest difference. Walking into the UK system informed and prepared is far better than being thrown straight into the deep end.

Why Early Contact Matters

The earlier you reach out for help in the UK, the more options you will have. A well-planned defence strategy can:

– Shorten the investigation process.
– Reduce the risk of unnecessary bail conditions.
– Protect your reputation by heading off weak allegations.
– Give you peace of mind that someone is fighting your corner here while you are occupied abroad.

Waiting until the last few weeks before extradition is enforced means you are always on the back foot. Early contact allows us to take control of the narrative, rather than being dragged along by it.

Extradition is gruelling – financially, emotionally, and personally. But don’t fall into the trap of thinking that the extradition fight is the same as fighting the criminal case. It isn’t. Unless someone is working in the UK on your behalf, the case here just sits waiting for you, no matter how long you delay the inevitable abroad.

Even limited engagement with a UK-based defence team during the extradition process can mean the difference between walking into a prepared defence or arriving completely unarmed.

If you or someone you know is facing extradition to the UK, get in touch as soon as possible. Don’t wait until it’s too late.

Immediately seek legal representation. Engaging a professional with the expertise that you need and who will guide you through every step could result in a marked and crucial difference in the outcome of your case. See our section on police station representation and solicitors 

When you are arrested you have a legal right, free of charge to legal representation and consultation whilst at the Police Station for the purpose of interview.

If you have had involvement with the Police before or for other reasons you know which Criminal Defence Solicitors firm you wish to use then you can request this firm of solicitors to the duty sergeant whilst you are been booked into custody.

If you are attending the station for a voluntary interview then you can co-ordinate yourself with this firm to ensure that they have a representative meet you at the police station.

If you are choosing your own firm of solicitors and you are wanting the free service it is important to be clear that they offer legal aid. If they do not offer legal aid then you will be required to pay for their attendance at the police station.

A WORD OF WARNING:

Whilst some very expensive firms don’t offer legal aid it does not necessarily mean that they are good.
In some of the major cities whilst this may be the case there could be other reasons why they do not hold a Legal Aid Contract.
In order to be a legal aid solicitor (and thus offer free services) there are a huge amount of hoops the firm must jump through. All of the hoops require investment in staff, training and compliance to ensure that they meet a minimum standard. We feel that questions must be asked if a firm does not hold a Legal Aid Contract.

Even some of the best firms hold the contract. The reason being that it is a way of getting new cases. Whilst police station representation is free to all this is not the case if charged.
By been prepared to attend police stations on legal aid they have a good chance of picking up cases where the accused is charged but not entitled to legal aid.
It therefore makes good business sense to us that even the best firms would invest to obtain the contract in order to pick up the lucrative private work later.

This is the reason lots of questions need to be asked of firms that do not hold Legal Aid Contracts.

If you do not know any specific solicitors then it is important that you request the duty solicitor. It is a very dangerous move to go into interview without representation and in our view a very careless one given the simple fact that it is free.

If you choose the duty solicitor the Police have no say in who that solicitor will be. They will contact the duty solicitor.

In all areas the schedule for duty solicitors are published online. Here is the direct link to the very rota, have a look. Good or bad you will likely find your solicitor in there somewhere : https://drive.google.com/drive/mobile/folders/1vmsZ8irhy78PLI4MYkEEy7PogBRtT0oE?usp=sharing

If you go for the duty solicitor you will get whoever it is on the duty rota for that date and time at that location.

Following the interview that is the service provided and concluded. You are not tied to this solicitors firm going forward. If you were not happy with them then you should start researching solicitors in your area who offer legal aid.

There is no harm in contacting your new chosen firm and giving them the run down on what has happened. They will likely take your details down, probably contact the officer in the case and advise them that they will represent you for any further actions.

HOWEVER, that will be about all that they can do for you.

Between interview and a charging decision there is no legal aid.

If you want a solicitor to do something for you such as make enquiries, make further representation to the police etc in order to try and bring the investigation to a swift end then you need to pay for this service.
Often it is referred to as “Pre Charge Representation”. Not all solicitors are good, or even keen to do it but it is a possible route that can bring about great results.

If you then go on to be re-interviewed legal aid will be available for the re-interview and representation at it.

Again after the re-interview there is no legal aid.

If a decision is then made for you to be charged you then legal aid kicks in again for those who qualify (at this stage it becomes means tested).

Remember to check out our website (www.accused.me.uk). Much of our advice is on there to read through at leisure. If you have any questions or suggestions then please do use the contact us page.

Begin compiling evidence as soon as possible. Many find the process therapeutic. 

Keep notes of every tiny detail that occurs to you. Note times and dates of everything. 

Develop a timeline for what happened when you have details of the accusation. Look for evidence of your whereabouts and your accuser’s whereabouts. 

Save letters, record telephone calls and even conversations with your False Accuser or people harassing you – even the police. Try to get hard copies of all information – encourage mail or email communications rather than telephone. Give a copy of everything to someone you trust – and your solicitor. In the remote chance of an accuser or a member of their family contacting you by phone – be ready and record the conversation – there is a smartphone app that enables this. 

Copy all electronic media. Save all text messages. Download all your Facebook activity and other Social Media. Facebook saves messages even if you’re ‘unfriended’. Take screenshots. Monitor Social Media activity of your accuser and their friends (without communicating with them). Take screenshots. 

A Solicitor would greatly benefit from a chronology of your relationship with the Complaint emphasising when and why you fell out, any reason for the timing of the allegation and motive for any false allegation. Provide evidence if you can. Evidence showing a friendly relationship after the alleged incident (s) such as messages or photographs are very helpful.

You should not enter the interview without a solicitor nor discuss any aspect of the case with the Police. Whilst silence maybe awkward it is the best thing for you. Beyond confirming your identity and any communication regarding your welfare (or the immediate welfare of others that you may have responsibility for).
Ensure the interviewing officer (or custody sergeant) is aware that you want a solicitor. If you don’t have a solicitor already lined up request the duty solicitor.
The police will want to put questions to you regarding the allegations.
Before you go into the interview you will have a conference with your solicitor. He/She may have obtained from the Police some information. You will discuss what you do and do not know about the allegations. The solicitor will then tell you the best advice for the situation.
No Comment – The solicitor may advise you to answer all questions as “no comment”.
Answer questions – They may advise to answer all questions honestly and to the best of your ability.
Prepared Statement – The solicitor may advise that a prepared statement is the way to go. They will help you with this. However, it maybe that they initially advise to answer “no comment” but then stop the interview to go away and prepare a statement.
The key is to stay calm and follow the advice of your solicitor. If your solicitor interrupts you from answering something stop talking immediately. There will be a reason to their actions.

NOW!!!!! The sooner you start this the better. As soon as you know there is an accusation against you. Make a time line of your history with the party accusing you. Secure by means of download and screenshots anything that may assist your defence. Do not delete anything from your devices doing so, if your phones end up been seized may look suspicious. Keep any evidence you gather in a safe place. We do advise with a trusted person in a different residence. Alternatively in cloud storage is good. You can turn the sign in credentials over to your solicitor. You could also email a copy to yourself. Simply put keep the evidence safe as you may come to depend on it.

Most people do not fully understand their rights or how to approach questioning. For many this will be the first involvement with law enforcement. Without expert assistance, something could be said or done that negatively affects your case. They will guide you through the process and make sure you understand everything. They will guide you to making decisions about if you should or should not answer questions. How to answer them is also important. Your solicitor will also be able to make representations to the police that may well be crucial in the outcome of the case.

It is rare for people to be fully aware of their rights. Without expert assistance, something could be said or done that negatively affects your case. A professional will guide you through the interview process so that you are informed in respect of making decisions about if you should answer questions and how to answer them. Having a legal professional with you at the police station also enables them to make representations early on to the police concerning bail and have the skill to negotiate the early resolution of your case where possible.