Jurisdiction(s):
United Kingdom

A Practitioner's Guide to Full Extradition Hearings under the Extradition Act 2003 (Part 1 and Part 2): Procedure, Evidence, Dual Criminality, ECHR and Bars

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Practice notes

This Practice Note outlines the process and principal issues involved in a full extradition hearing under the Extradition Act 2003 (EA 2003), and practical considerations.

For additional reading on extradition proceedings, refer to these Practice Notes for detailed context and background:

Extradition and the statutory framework—an introduction to extradition
Extradition—arrest and initial procedure
Arrest without a warrant under Part 2 of the Extradition Act 2003
Secretary of State’s function in extradition
Statutory bars to extradition
Non-statutory bars to extradition
Extradition Appeals

For guidance on how Brexit affects arrangements between the UK and EU, see Practice Note: Extradition and the statutory framework—an introduction to extradition—Extradition to the EU post-Brexit, in this context.

The extradition hearing

At the full hearing, the court decides whether the requested person ought to be extradited to the requesting state, or not.

The matter is heard by a District Judge at Westminster Magistrates’ Court, who considers whether the statutory criteria for extradition under EA 2003 are met, including whether the conduct amounts to an extradition offence (with dual criminality where relevant) and whether any statutory bars apply.

The court must also assess whether extradition would accord with the requested person’s rights under the European Convention on Human...

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Web page updated on 21/05/2026

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