Safer Borders? The impact of Brexit on the European Arrest Warrant scheme
One of the themes of the Brexit campaign was that Brexit would give the UK control over its borders and help in the fight against crime and terrorism. Yet, no alternatives to the current extradition arrangements were considered. With Brexit and recent controversial cases of extradition requests made by Romania, the...Read More
Crown Court ‘Drug’ importation trial success
The JFH Crime team have successfully defended a Portuguese national accused of importing approximately £500,000 of Class A dugs into the country. Our client had travelled from Dubai and said that he believed that he was importing gold in order to avoid the duty that would otherwise have to be paid payable. He was arrested when he met another man to...Read More
The Sentencing Council has today published a consultation paper on sentencing for manslaughter. The timing of this consultation is particularly apt, giving the recent announcement of charges being brought in relation to the Hillsborough disaster and the possibility of charges resulting from the Grenfall Tower fire.
Although much of the media reaction has been to suggest that Judges are being...Read More
The Daily Mail has reacted with its usual predictable outrage and lack of understanding to the recent decision of the High Court in the case of Grecu & Bagarea v Romania. This is the latest case in the ongoing saga of Romanian prison conditions.
Romanian prisons and the Article 3 Human Rights
There have been a number of cases both in this country and throughout the rest of Europe where...Read More
The Sentencing Council guidelines for ‘Reduction in Sentence for a Guilty Plea’ come into force from 1st June 2017 for all offences sentenced after that date, but what do the new guidelines mean for defendants? Will they still get credit for an early guilty plea?
There is not a great deal of difference between the existing practice and the new credit for an early guilty plea guidelines. What...Read More
Now that the Swedish Authorities have revoked the European Arrest Warrant that had been issued for his arrest, it might have been assumed that Julian Assange would be leaving the Ecuadorian Embassy, where he has been living since 2012. It seems that he has no plans to do so, at least in the foreseeable future. His problem is that even though the EAW has been revoked, there is...Read More
What happens from the time you are arrested can be vital in determining the outcome of the case. The first thing you should do is get a solicitor. We always have someone from our team of experienced solicitors and police station representatives on call and available to help.
Once arrested it will generally be because the police wish to question you in relation to your suspected involvement in...Read More
Once your extradition is ordered, you have seven days to apply for permission to appeal. If you do not appeal, or you have appealed and your appeal has been refused, your extradition should take place within 10 days. That time can be extended, and often is. The country making the extradition request must apply to a Judge for an extension.
If you have not been extradited within 10 days, (and...Read More
Extradition and Article 8 of the Human Rights Act
Article 8 of the Human Rights Act, which provides that everyone has a right to respect for his private and family life, is raised as a bar to extradition in a majority of cases. It is, of course, not an absolute right, as a public authority can interfere with the exercise of this right ‘in accordance with the law’ and where it is necessary, for...Read More
Drink-driving alcohol limit
England and Wales have the highest alcohol tolerance for drink-driving in Europe. To be guilty of drink-driving, a person must have more than 80mg of alcohol in 100ml of blood, 35 micrograms of alcohol in 100ml of breath or 107mg of alcohol in 100ml of urine. In Scotland, the limit is 50mg of alcohol in 100ml of blood. The only other European country with the...Read More