News
Private Prosecutions – ‘Doing a Boris’
A District Judge sitting at Westminster Magistrates’ Court last week authorised that a summons be issued against the prominent Conservative member of parliament, Boris Johnson. The allegations relate to alleged conduct during the Brexit referendum campaign and in particular the £350m per week for the NHS slogan that adorned the side of campaign buses. Johnson has applied for a judicial...Read More
0
Ireland refuses extradition of Polish criminal
In February, the Supreme Court in Ireland raised some eyebrows when it refused to extradite a man wanted in the UK for tax fraud. The case was instead referred to the European Court of Justice. The Irish Supreme Court noted that the sentence that had been imposed meant that the requested person would still be in custody when the UK leaves the EU in March 2019. As a result, it was unclear what...Read More
0
Extradition Appeal success reunites mother and children
Extradition Appeal victory for JFH Crime Our team have been successful in an extradition appeal against the decision to extradite a 30-year-old woman to Lithuania. She was wanted to serve an 18-month prison sentence for fraud and to stand trial for other similar offences. Our client is the mother of two young children. The children had been cared for by their grandmother since her remand in...Read More
1
Extradition, India and a ‘prima facie’ case
In an earlier article we considered the case of a requested person who was sought by Italy in connection with the kidnapping of Chloe Ayling. We noted how the Court in this country when considering a European Arrest Warrant, was unconcerned with a person’s guilt or innocence when considering whether or not to order extradition. Part II requests The situation in relation to non-EAW...Read More
0
What is Extradition? Understanding the basics
Extradition is the formal process where one country asks another to return a person to stand trial or to serve a sentence. Under multilateral conventions and bilateral treaties, the UK has extradition relations with over 100 territories around the world. What Is the Process? The process is slightly different depending on whether the request comes from a European country that is part of the...Read More
0
Body-worn Cameras; Lights, Camera, Action
Police forces across England and Wales are preparing for a rollout of ‘Body-worn Cameras’, and the government has announced that prison officers will shortly be assisted by this new technology. What are Body-worn Cameras? BWCs are small recording devices, very similar to a GoPro, which allows for constant audio and video recording in an unobtrusive manner. The evidence from...Read More
0
Extradition ordered? What happens next?
If your extradition is ordered on an European Arrest Warrant, you have 7 days to apply for permission to appeal. You must send your appeal to the Court, the Crown Prosecution Service (CPS) and the National Crime Agency. There is a fee to pay when it is submitted. You can also submit a legal aid application at the same time. If you do not submit an appeal, then your extradition should take...Read More
0
Can I get bail in my extradition case?
Bail in an extradition case is decided in a similar way to bail in criminal cases in this country. The law is contained in the Bail Act and the Criminal Procedure Rules. However, the rules are very different to many other countries. The short answer to the question ‘can I get bail’ is yes, you can. Whether you do get bail or not will depend on a lot of things. The offence The...Read More
0
Legal aid in extradition cases; Do I qualify?
Many of our clients ask whether there is legal aid for extradition cases. The answer is yes, there is. It is actually now called a ‘representation order’, although most people still talk about legal aid. All extradition cases begin in Westminster Magistrates’ Court and you may be eligible at this stage. You can apply with any firm of your choice, so long as they have a criminal...Read More
0
What happens when your client is wanted on a European Arrest Warrant?
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
0