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Case 1:20-cr-00330-AJN Document 97-21 Filed 12/14/20 Page 2 of 29
IN THE MATTER OF AN OPINION
ON THE EXTRADITION LAW OF ENGLAND AND WALES
RE GHISLAINE MAXWELL
Overview
1. This Opinion is provided pursuant to instructions from Peters and Peters Solicitors LLP’ dated 12
August 2020 in the context of bail proceedings relating to Ms Ghislaine Maxwell before the United
States District Court, Southern District of New York. Subsequent instructions have confirmed that Ms
Maxwell will execute a waiver of her right to extradition that could be exhibited to a future extradition
request made by the United States and relied upon in any extradition proceedings. The specific
questions asked by Peters and Peters are attached at Annex A. A summary of counsel’s relevant
experience is attached at Annex B. The waiver is attached at Annex C.
2. In summary:
(a) Extradition proceedings in the United Kingdom are governed by the Extradition Act 2003
(‘the 2003 Act’) and, in general, comprise; (1) a hearing before a designated “appropriate
judge’ (the extradition hearing); and (ii) an appeal, subject to a leave requirement.
(b) In proceedings under the 2003 Act, a requested person may consent to their extradition
which has the effect of removing the need for an extradition hearing and waiving the
person’s statutory appeal rights.
(c) In the majority of cases, proceedings in England and Wales in relation to US extradition
requests are concluded in under two years’. The process is significantly shorter if the
requested person consents to their extradition and in those cases the timescales are
approximately between one and three months.
(d) It is extremely unlikely that bail would be granted in an extradition case in circumstances
where the requested person had absconded from criminal proceedings in the United States
prior to trial and in breach of bail.
' The following documents were annexed to the instructions: (a) Superseding Indictment, United States v Ghislaine
Maxwell, dated 8 July 2020; (b) a transcript of the arraignment and bail hearing that took place on 14 July 2020; (c) the
Motion to Detain the Defendant dated 2 July 2020; (d) the Memorandum in Opposition to the Motion for Detention dated
10 July 2020; (ce) and the Government Reply Memorandum in Support of Detention dated 13 July 2020.
° There is no data as to the duration of extradition proceedings in Northern Ireland and Scotland but it may be inferred
that the timescales are similar.
1922623.1
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DOJ-OGR-00002097
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| Filename | DOJ-OGR-00002097.jpg |
| File Size | 784.2 KB |
| OCR Confidence | 94.6% |
| Has Readable Text | Yes |
| Text Length | 2,509 characters |
| Indexed | 2026-02-03 16:20:01.206107 |