Success for George Hepburne-Scott in a High Court Extradition Appeal

On 20 July 2023, George’s client, S.G. was discharged by a High Court Judge following a successful appeal against an order for extradition made by a district judge (“the DJ”) at Westminster Magistrates’ Court.

Essentially, S.G. (“the appellant”) was wanted by Poland on an Extradition Arrest Warrant containing (a) a sentence of 18 months for fraud in 2007 and (b) an accusation of participation in a criminal organisation and being involved in selling over 2kilos of cocaine and over 10kilos of amphetamine between 2003-2007. The point on appeal was that the DJ had found the appellant to be a fugitive in respect of (a) but not (b). By the time of the appeal, the appellant had served the vast majority of the sentence for (a). The argument was that the DJ had not properly analysed the passage of time between the end of the offences re (b) in 2007 and the issuance of the extradition warrant in September 2020. There had been culpable delay which was under-analysed by the DJ.

The High Court Judge therefore reevaluated the Article 8 question and, notwithstanding the seriousness of the offences and the fact that the appellant had no family in the UK, upheld the submission that extradition would be disproportionate.

The appellant was therefore discharged on appeal and released from HMP Wandsworth.

George was instructed by Magdalena Motyl of Bark & Co

Published on August 8, 2023

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