George Hepburne Scott

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Year of Call: 1999
“A force of nature. George has a very quick mind and an electric personality, and is great fun to work with”

– Giles Bark-Jones, Principal, Bark & Co, a 'Top Tier' Legal 500 Firm

George Hepburne Scott is a highly experienced expert extradition defence specialist. He has experience in all types of cases brought under the Extradition Act 2003 including Part 1 cases, Part 2 cases and ‘ad hoc’ cases.

He is highly experienced in all aspects of oral and written advocacy relating to extradition including: securing bail in extradition proceedings, attending case-management and directions hearings, and leading full extradition hearings and extradition appellate proceedings in the High Court including by way of Judicial Review. He is also experienced in applying to Interpol to have Red Notices removed.

He has dealt with myriad cases relating to extradition requests including from the following countries:

  • Part 1: Poland, France, Germany, Spain, Portugal, the Netherlands, Denmark, Lithuania, Ireland, Estonia, Sweden, Norway, Bulgaria, Slovakia, Slovenia, Greece, Italy, Latvia, Romania, Hungary, the Czech Republic, Austria, Finland, Luxembourg,
  • Part 2, Type A: Albania, Moldova, USA and Switzerland
  • Part 2, Type B: Ecuador, Thailand, India, Antigua and Bermuda
  • Part 2, Ad hoc: Japan

He is highly experienced in running all available objections to extradition including the following:

  • Lack of prima facie case (part 2 only),
  • Lack of particularisation in warrant,
  • Failure to establish identity,
  • Failure to establish an extradition offence,
  • Double jeopardy,
  • Forum,
  • Specialty,
  • No decision to charge or try,
  • Oppression due to passage of time,
  • Less coercive measures available,
  • Proportionality generally,
  • Oppression due to medical condition,
  • Extra-territoriality,
  • Right to life (Article 2),
  • Risk of inhuman treatment due to prison conditions (Article 3),
  • Risk of harm from non-state actors (Article 3),
  • Right to liberty and security (Article 5), and
  • Right to a fair trial (Article 6),
  • Right to respect for private and family life (Article 8).

He appears in extradition cases at Westminster Magistrates’ Court and the High Court almost every day. He has been involved in extradition since 2006. He has been involved in many of the most high-profile extradition cases in recent years, including the following:

  • Japan v J.C. & Ors – first ever Japanese extradition request to the U.K.
  • Queen (on the application of J.C. & Ors) v Home Secretary & National Police Agency of Japan – related judicial review
  • India v N.R. – India requesting extradition of a billionaire said to be mastermind of $1 billion global banking fraud. This case generated global media attention.
  • Italy v M.H. – regarding alleged kidnapping and ransom of English model in Milan by Polish brothers as part of an international crime group. This case generated global media attention.
  • Belgium v S.H. – Extradition request of Albanian accused of triple murder. Case re-opened on the identity issue after the initial hearing and the requested person discharged and released.

He is connected to a wide network of international lawyers and expert witnesses covering all areas of human rights and relevant law and procedure in foreign jurisdictions.

He has published widely in leading legal journals on the subject of Extradition law including, New Law Journal, Lexis Nexis and Law Society Gazette, and he frequently appears in the media as a commentator on Extradition: eg BBC News, ITV News, & Reuters.

He has been quoted in questions to ministers in the U.K. Parliament as a commentator on extradition matters.

Notable Cases

  • R v AC [2017] EWCA Crim 2383

    Appeal Against Crown Court Sentence bailii

  • R v S [2015] EWCA Crim 1619

    Appeal Against Crown Court Conviction bailii

  • R v RS [2015] EWCA Crim 1101

    Appeal Against Crown Court Conviction bailii

  • R v B-R & NB [2011] EWCA Crim 1136, [2012] 1 WLR 2364

    Appeal Against Crown Court Conviction bailii

  • R v AG [2016] EWCA Crim 140

    Successful appeal against a Crown Court sentence where the sentence of 16 months’ immediate custody was quashed and replaced with a Suspended Sentence securing the defendants’ immediate release.

  • R v JC [2016] EWCA Crim 67

    Appeal against Crown Court Sentence where the structure of the Extended Sentence was reduced on appeal.

  • R v DW [2015] EWCA Crim 2320

    Appeal against a Crown Court sentence.

  • R v MS [2015] EWCA 1619

    Successful appeal against Crown Court Sentence.

  • R v RS [2015] EWCA 1102

    Appeal against Crown Court Conviction and Sentence. George was described by Leveson LJ as ‘a powerful advocate’. Bailii

  • R v RT [2014] EWCA Crim 1715, [2015] 1Cr. App. R. (S) 3

    Successful appeal against Crown Court Sentence.

  • R v D [2014] EWCA Crim 508

    Successful appeal against Crown Court Sentence.

  • R v B [2012] EWCA Crim 1174

    Successful appeal against Crown Court Conviction and Sentence.

  • R v BR and NB [2011] EWCA Crim 1136; [2012] 1W.L.R. 2364; [2012] 1 Cr. App. R. 4

    Times April 22, 2011 – Successful appeal against Crown Court Conviction. This case involved serious sexual offences and the defendant’s convictions and sentence were all quashed and the defendant was unanimously acquitted by the jury at his retrial.

  • R v R [2011] EWCA Crim 3183

    Successful appeal against Crown Court Sentence. This case involved over 70 TIC’s for Burglary.

  • R v P [2011] EWCA Crim 2790

    Successful appeal against Crown Court Sentence.

  • Attorney General’s Reference (No.34 of 2010) [2010] EWCA Crim 2055

    Successful prosecution appeal against Crown Court Sentence.

  • R v C (Robert Norton) [2010] EWCA Crim 933

    Appeal against Crown Court Sentence.

  • R v B [2006] EWCA Crim 1629

    Successful appeal against Crown Court Sentence.

  • P v Court of First Instance of Brussels [2005] EWCH 915 (Admin); [2005] Extradition L.R. 62

    This was one of the first major cases involving the Extradition Act 2003. This case served to limit the scope of ‘no-evidence’ extraditions involving category 1 territories.

  • R v W (Terence Edward) [2004] EWCA Crim 3417; [2005] 2 Cr.App.R.(S.) 51

    George acted for the Crown in this case which is now the leading authority on stranger kidnapping sentences.

  • R v Z [2008] EWCA Crim 2169

    This case involved the concept of the mercy where a terminally ill man was given a sentence that would involve his inevitable death in custody. The appeal was successful.

  • R v H [2009] EWCA Crim 605

    This case involved the successful appeal of a sentence of 9 years for conspiracy to supply cocaine. Following extensive courtroom exchanges with Mr Justice Calvert-Smith (former DPP) the sentence was reduced from 9 to 7 years.

  • R v Y [2002] EWCA Crim 2815

    Successful appeal of Crown Court sentence.

  • R v JM

    The Halloween Nunchaku murder involved the murder of a 15 year old boy at a Halloween party. George was led by David Fisher QC in this notorious murder trial. BBC

  • R v MK

    Murder case involving a dealer murdering his best-friend in a frenzied knife attack. George was led by Sascha Wass QC in this trial. BBC

  • R v DR

    ‘Caterham Bus Bomber’: this was an allegation of a ‘home-grown’ terrorist who was found to have a cache of chemical weapons at his home. George successfully defended this man and he was acquitted of all charges. BBC

  • R v JW (& 5 others)

    Successful prosecution of multi-defendant football hooligan case involving widespread public disorder. BBC

  • R v TW

    Successful prosecution of a serious stranger kidnapping case involving an armed stranger kidnap of young children. George was subsequently instructed by the Crown to appear in the Court of Appeal and this case is now a leading authority of Sentences for Kidnapping. BBC

  • R v VF

    This case involved an Albanian/Chechen criminal gang selling highly sophisticated cash-point scamming kits to other criminal gangs in Wales. It attracted nationwide publicity including the front page of the Times. BBC

  • R v GT

    George was initially instructed in this extradition of this notorious Holocaust denier. The extradition was successfully opposed. BBC

  • R v DS

    George was instructed in this case involving the ‘Gatwick shooter’ who was apprehended and Tasered by police as he wandered around Gatwick Airport brandishing a firearm. BBC

  • R v JR

    George was instructed to defend a member of this notorious tie-up robbery gang that committed more than 12 robberies involving serious violence. BBC

  • R v JB

    Serious historical sexual assaults in children’s home. Defendant received 20 years’ custody. BBC

  • M v Circuit Court of Katowice (Poland) [2017] EWHC 2812 (Admin)

    Successful Extradition Appeal (A8) bailii

  • MH v Court of Milan (Italy) [2017] EW Misc 20

    Very High Profile First Instance Extradition Decision bailii

  • C v Secretary of State for the Home Department [2007] EWHC 238 (Admin); [2007] Extradition L.R. 51

    Extradition case involving Judicial Review of the Home Secretary bailii

  • GP v Court of First Instance Brussels [2005] EWHC 915 (Admin) [2005] All ER 185 (Apr)

    Successful Extradition Appeal (s.2) bailii

  • S v Poland CO/213/2018

    High Court appeal involving s.2 and Article 8.

  • K v Poland CO/198/2018

    High Court appeal involving Article 8.

  • H v Italy CO/014/2018

    High Court appeal involving kidnapping allegation.

  • HF v Germany CO/260/2018

    High Court appeal involving multi-million VAT fraud.

  • B v Belgium CO/197/2018

    High Court appeal involving multi-million fraud allegation.

  • C v Czech Republic CO/128/2018

    High Court appeal involving human trafficking.

  • Albania v HM 2018

    Part 2 case involving Murder conviction and Articles 2, 3, & 6.

  • Ecuador v V2018

    Complex Part 2 case involving Articles 3, 6, & 8.

  • J v Poland CO/245/2017

    High Court appeal involving multi-£ fraud accusation.

  • K v Poland CO/1783/2017

    High Court appeal involving murder conviction.

  • M v Poland CO/1782/2017

    High Court appeal involving attempted murder.

  • M v Poland CO/361/2017

    High Court appeal involving Article 8.

  • D v Poland CO/1800/2017

    High Court appeal involving Articles 3, 6, & 8.

  • T v Finland CO/5720/2016

    High Court appeal involving Article 3.

  • M v Latvia CO/6333/2016

    High Court appeal involving ss. 2, 14, 20 & Article 8.

  • T v Romania CO/6387/2016

    High Court appeal involving s.2 & Articles 3, 6 & 8.

  • F v Romania CO/4311/2016

    High Court appeal involving s.14 & Articles 3 & 8.

  • A v Romania CO/5410/2016

    High Court appeal involving Articles 3 & 8.

  • W v Poland CO/4311/2016

    High Court appeal involving Article 8.

  • Z v Poland CO/2245/2016

    High Court appeal involving double jeopardy & A8.

  • D v Poland CO/4258/2016

    High Court appeal involving s.14 & Article 8.

  • L v Poland CO/2661/2016

    High Court appeal involving s.2 & Article 8.

  • S v Poland CO/4051/2016

    High Court appeal involving Article 8.

  • B v Poland CO/4016/2016

    High Court appeal involving ss.2, 14 & Article 8.

  • S v Latvia CO/2380/2016

    High Court appeal involving right to re-trial s.20

  • W v Poland CO/2160/2016

    High Court appeal involving Articles 6 & 8.

  • C v Secretary of State for the Home Department [2007] EWHC 238 (Admin); [2007] Extradition L.R. 51

    Extradition case involving Judicial Review of the Home Secretary.

Memberships

Member of the Criminal Bar Association

Member of the Extradition Lawyers Association

Latest Articles by George Hepburne Scott