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A Guide to Extradition After Being Arrested in Italy
Extradition is a legal process by which a person accused or convicted of a crime in one country who has returned to their home country, is taken back to the country where the crime was committed and handed over to face legal proceedings or serve a sentence.
If you are a British national and have committed a crime in Italy, understanding the legal framework, extradition process and the importance of expert legal advice from Italian criminal defence lawyers is crucial. There are some variations across Scotland, Wales and Northern Ireland but the procedures and appeal process is largely the same in all the countries.
In this comprehensive guide, we will explore the process of being extradited from the UK to Italy, the circumstances under which extradition may occur, and when seeking advice from Giambrone and Partners’ experienced criminal defence lawyers could be beneficial.
Click on the links below
Discover whether it is possible for Italy to extradite you from the UK if you are accused of committing a crime
If you are wanted for a crime in Italy, but are arrested in the UK, there are processes that must be followed before being extradited
Here are some reasons someone may be extradited to Italy from the UK
When you should seek legal advice when facing extradition to Italy as a British national
How our criminal defence lawyers can assist
Can I Be Extradited from the UK to Italy?
Yes, extradition from the UK to Italy is possible under the terms of international agreements and bilateral treaties. Following the UK's withdrawal from the European Union, extradition proceedings are governed by the Trade and Cooperation Agreement (TCA) rather than the European Arrest Warrant (EAW).
Italy remains a signatory to the European Convention on Extradition, which means extradition requests are assessed under the principles of this Convention. However, the process now involves additional legal considerations post-Brexit.
Extradition will only occur if the alleged offence is serious enough to warrant such a measure, if the offence exists under both Italian and UK law (dual criminality) and if procedural safeguards, including human rights protections, are adhered to. You can be extradited if you commit a serious crime in both the UK and Italy.
If you face extradition, get in touch with one of our Italian criminal lawyers today.
What is the Process of Extradition from the UK to Italy?
The extradition process from the UK to Italy involves several stages:
An Extradition Request
The Italian authorities will issue an extradition request to the UK, which must detail the charges, evidence, and justification for extradition. The request must comply with the legal standards set out under the applicable treaties.
Arrest and Preliminary Hearing
Once UK authorities receive the request, they will issue an arrest warrant. After arrest, you will be brought before an English court for a preliminary hearing, where the judge will determine whether you should remain in custody during the extradition process.
Court Proceedings in England and Wales
The court will review the extradition request to ensure it meets the legal criteria. Key considerations include:
Appeals Process
If the court orders extradition, you may have the right to appeal. Appeals are heard in higher English courts and the process can be lengthy.
Final Decision and Transfer
Once the legal avenues are exhausted, and extradition is approved, the UK’s Home Office issues a final decision. If extradition is confirmed, you will be handed over to UK authorities to face trial or serve a sentence.
Why May Someone Be Extradited to Italy From the UK?
There are several reasons why a person might face extradition to Italy from the UK:
Criminal Charges
You may be extradited if you are accused of committing a serious crime in Italy and subsequently fled to the UK to evade prosecution. Offences include fraud, money laundering, drug trafficking, and violent crimes. If you are a UK national who has committed a serious crime in Italy, you may be extradited back to Italy for sentencing and serving time in prison.
To Serve a Sentence
If you have been convicted of a crime in Italy but fled before serving your sentence, extradition may be sought to ensure justice is carried out.
Violation of Bail or Parole Conditions
Fleeing to the UK after breaching bail or parole conditions in Italy can result in an extradition request to bring you back to face legal consequences.
International Cooperation
Extradition is also pursued as part of international cooperation to combat transnational crimes such as terrorism, organised crime, or cybercrime.
Contact our Italian criminal lawyers today to see how we can assist you.
Seeking Legal Advice When Facing Extradition to Italy from the UK
If you are facing extradition, it is essential to seek expert legal advice immediately. Extradition cases can be complex, involving both Italian and UK legal systems, as well as international law. Experienced legal representation can help you navigate the process and protect your rights.
Your lawyer will examine the extradition request's legality and identify grounds for challenge, such as procedural errors or violations of human rights. Your lawyer will also ensure you are treated fairly under Italian and international law, including access to a fair trial and protection from degrading treatment. If extradition is ordered, an experienced lawyer will be able to file appeals or negotiate alternative solutions.
Extradition cases involve intricate legal arguments, particularly around dual criminality, proportionality, and the potential impact on your personal and family life. A lawyer with capacity in both Italian criminal law and England and Wales law, who is also fluent in both languages and has knowledge of international extradition agreements is indispensable in such cases.
Italian Criminal Law Advice at Giambrone and Partners
At Giambrone and Partners, we understand that facing extradition is a daunting experience. Our team of experienced lawyers is here to provide expert advice and representation throughout the extradition process.
To find out more, get in touch with our team for a free consultation today.
Related content
How Do I Report a Crime in Italy?
What are the Legal Requirements for Proving Guilt in Italy?
Whether the alleged offence is recognised in both jurisdictions, also known as dual criminality
Whether the request respects the individual’s human rights, such as freedom from inhumane treatment or a fair trial.
Whether there are grounds to refuse extradition, such as political motivation behind the charges.