Extradition Hearing Reporting

Why Westminster Magistrates' Court matters

Westminster Magistrates' Court is the sole first-instance court for extradition in England and Wales. Every case is heard there before a District Judge, irrespective of where in the country the person was arrested. Following arrest, the requested person is typically brought before the court within 24 hours, where identity is confirmed, bail is considered, and a timetable for the substantive hearing is set.

Because the list is genuinely national, it is worth checking regularly even if you do not cover London courts day to day — a case affecting a person from your patch can appear there with little local notice.

Category 1 and Category 2 requests

Always establish which category applies and whether the request is accusation-based or conviction-based — this distinction changes both the legal bars available to the requested person and how you should describe their status in your copy.

The stages of an extradition case

• Arrest and initial hearing: The person is arrested on a certified warrant or request and brought before the court, usually within 24 hours. Identity is confirmed and bail is considered — extradition bail follows broadly similar principles to domestic criminal bail.
• Extradition hearing: The substantive hearing where the district judge considers whether any statutory bar applies: double jeopardy, extraneous considerations (political motivation), passage of time, the person's age, forum, physical or mental health, or incompatibility with human rights (commonly Article 3 or Article 8 ECHR).
• Decision: If no bar applies, the judge sends the case to the Secretary of State (Category 2) or orders extradition directly (Category 1, subject to appeal).
• Secretary of State decision (Category 2 only): The Home Secretary decides whether to order extradition, considering matters such as the death penalty (extradition must not proceed unless assurances are given that it will not be imposed or carried out) and specialty arrangements.
• Appeal: The requested person (or the requesting state, in some circumstances) can appeal to the High Court. A further appeal to the Supreme Court is possible only if the High Court certifies a point of law of general public importance.

Open justice and what you can report

Extradition hearings are legal proceedings held in public. Open justice is the default, and there is no extradition-specific anonymity regime under the Extradition Act 2003. A fair and accurate contemporaneous report of what is said in open court attracts the same absolute privilege in defamation law as reports of any other criminal proceedings.

The Supreme Court has been clear that identifying people discussed in open court proceedings — even those not convicted, or not charged at all with a domestic offence — is protected by the open-justice principle absent a specific, case-specific justification for restricting it.

When can reporting be restricted?

• ›Section 4(2) Contempt of Court Act 1981 postponement — where contemporaneous reporting would create a substantial risk of prejudice to other pending or imminent proceedings, most commonly a parallel domestic prosecution against the same person or a co-defendant.
• ›National security or safety concerns — in rare cases the court may restrict publication of specific details (for example an address or identifying feature) using its general case-management powers, without restricting the fact of the hearing itself.
• ›Bars must be narrowly targeted — the courts have repeatedly held that blanket reporting bans are disproportionate; any restriction should be limited to what is strictly necessary and should be open to media challenge.

Accessing hearings and documents

Check the daily list via HMCTS's Court and Tribunal Finder for Westminster Magistrates' Court sittings. High-profile cases increasingly have judgments and press summaries published on the judiciary's website. The underlying extradition request itself — the warrant or the requesting state's supporting documents — is not always publicly available in full, but its category, the offence alleged, and the outcome of each hearing are matters of public record you can report.

The CPS represents most requesting states in Category 1 cases and can confirm procedural facts; the Home Office handles the Secretary of State decision stage in Category 2 cases.

Pre-publication checklist

• I have identified whether this is a Category 1 or Category 2 request and described the correct process.
• I have not described the requested person as "convicted" unless a court has actually convicted them of the underlying offence.
• I have used precise language — "wanted", "sought", "facing extradition" — rather than language implying guilt.
• I have checked whether any s.4(2) postponement order or other restriction is in place for this specific hearing.
• Where the case has reached the Secretary of State stage, I have been clear that this is a distinct decision from the court's ruling.
• I have sought comment from the requested person's legal representatives where allegations are repeated in my report.

Common reporting errors to avoid

• ⚠Calling the hearing a "trial" — Westminster Magistrates' Court does not try the underlying allegation, only whether extradition is legally barred.
• ⚠Reporting a Category 2 court decision as final when the Secretary of State decision stage has not yet happened.
• ⚠Confusing the requesting state's allegations, reported as allegations, with proven fact — the person has not had a UK trial on the substantive offence.
• ⚠Assuming the case will be heard locally because the person was arrested locally — all extradition hearings in England and Wales are heard at Westminster.
• ⚠Failing to note whether the request is Category 1 or Category 2, which changes both the legal test and the appeal route available.

Related guides

Frequently asked questions