31 July 2017, the Divisional Court handed down the case of Purcell and Penall v Belgium EWHC 1981 (Admin). The Appellants appealed against the order for their extradition to Belgium on the basis that if they are extradited, there is a real risk that they will be subjected to inhuman and/or degrading treatment due to the prison conditions in Belgium. The thrust of the argument rests on the...Read More
Listening to people talking to you using words and phrases difficult to understand can be very uncomfortable. This situation could be even worse if you are in serious legal trouble, specially if you are facing extradition.
Here is a guide to some of the most common words you will come across:
1. Requested person; the person who is wanted by the country who have issued the warrant.
2. Judicial...Read More
If you have been arrested on a European Arrest Warrant, it can be a daunting experience. The first thing to do is to make sure you get a solicitor. There are always duty solicitors available at Court, and they can help you at your initial hearing free of charge. Alternatively, you can contact a solicitor of your choosing.
When you appear in court you will be asked your name and date of birth....Read More
Victory against unlawful stop and search
Duncan Roberts recently represented a client charged with possession of a bladed article.
The client had been present at the scene of an incident he had witnessed and was assisting police. Almost an hour after the police met him they decided to search him. They recovered a knife in the pocket of the jacket he was wearing.
Duncan argued that the officer...Read More
Many of our clients ask whether there is legal aid for extradition cases. All extradition cases begin in Westminster Magistrates’ Court and you may be eligible for legal aid at this stage. You can apply for legal aid with any firm of your choice, so long as they have a criminal legal aid contract.
Legal aid for extradition at the Magistrates’ Court is means-tested. This means that your...Read More
In a recent case we dealt with, our client had left his home country as he was being threatened by other people and was in fear for his life (he had won a kicking boxing fight where a large amount of money had been bet on his opponent to win). When he left, he had never been questioned, arrested or appeared in court for the offence that he was wanted for. The first time he knew about it was...Read More
If you are contacted by a client who suspects that there is a European Arrest Warrant issued for their arrest, that person can contact the National Crime Agency to confirm this and arrange a surrender to their local police station. If a client knows that there is a European Arrest Warrant in their name (or a warrant from a Part II country outside the EU) it is often advisable for that person...Read More
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