The consequences of the High Court decision in Grecu and others earlier this year are now being seen in other cases relating to Romanian prison conditions. In that case, the High Court ruled that extradition to Romania could only go ahead if the Romanian authorities were able to show that a requested person would be held in a cell with at least 3 square meters of space. This week, a Romanian...Read More
John Howey, Partner at JFH Crime, has secured the discharge of a client wanted for extradition to the United States. Warrants for countries such as the United States are known as Part II warrants. Our client, an American citizen, was arrested earlier this year after a warrant was issued by the Federal Court in California. It is alleged that he had made a ‘false statement involving...Read More
In both Part 1 and Part 2 extradition proceedings, there is scope for an application to be made to Court for a ‘certificate for counsel’ pursuant to Regulation 16 of the Criminal Legal Aid (Determinations by a court and Choice of Representative Regulations 2013/614).
The test under Regulation 16 is whether there are circumstances in the extradition proceedings which make the case ‘unusually...Read More
European Arrest Warrants (EAW) strictly speaking, have no operative value in England and Wales. Instead, we have the Extradition Act 2003 that allows one’s extradition to be acted on if there is a Part 1 or a Part 2 warrant. Part 1 warrants are presently only for EU territories and therefore EAWs are incorporated through the Act.
To qualify as a Part 1 warrant, section 2 of the Act must be...Read More
Criminal lawyers will be familiar with the term ‘Abuse of process’. To those unfamiliar with it, it is a situation where there is something so wrong and so unfair with a case that it should not be allowed to go ahead. It is not found in any legislation, and it doesn’t appear in the Extradition Act. However, the Courts in this country have decided that it is something that can be used in...Read More
FK v Stuttgart State Prosecutor’s Office
In our last e-alert, we reported on the case of Tarik Chadloui who is facing extradition to Spain. In his case, the Spanish Judicial Authority were able to adduce further evidence to cure deficiencies in the EAW. In September, the High Court considered a similar question in the case of FK v Stuttgart State Prosecutor’s Office, Germany. Except in this...Read More
A high-profile extradition was ordered on 29 September 2017 by District Judge Goldspring. Mr Michal Herba’s extradition is sought by Italy for the alleged kidnapping of Chloe Ayling. His lawyers argued that the details of the warrant were deficient, extradition would be in breach of his human rights and that it would be an abuse of process.
Case of publicity stunt?
The arguments against...Read More
Solicitor John Howey has secured the discharge of a Romanian client who was facing extradition under EAW (European Arrest Warrant). on the grounds that his extradition would breach his Article 3 Human Rights. This is the result of the High Court decision in Grecu and others.
In that case, the Court followed the decision of the European Court of Human Rights in Muršic v...Read More
Extradition can be complex, and you may be wondering what the next steps are in the process.
For many, extradition comes as a surprise. You may be confused or unsure what to do next, which can make facing criminal charges that much more confusing.
As some of the best extradition lawyers in the UK, the experts at JFH Crime have detailed what you can expect next if you or a loved one is facing...Read More
One of the arguments often raised against extradition is the right not to be subjected to degrading/inhuman treatment whilst in prison. The state of prison conditions across Europe varies widely; poor conditions have been reported in Belgium (read our article about Belgian prison conditions here) whilst across the border in the Netherlands, there are a lack of prisoners to fill their prisons....Read More