George Hepburne Scott secures victory in High Court extradition appeal

On 22 January 2025, George Hepburne Scott‘s client was discharged at a full appeal hearing before Mrs Justice May in the case of M.S. v Poland (ref AC-2023-LON-002970). The appellant had not been present at his trial and no right to a re-trial was offered in the requesting territory, namely Poland.

The argument that, based on s.20 of the Extradition Act 2003, and in light of the supervening Supreme Court authority of Bertino, the district judge’s decision that the appellant had not waived his Article 6 right to be present at his trial was incorrect, was upheld by May J, following the contested hearing. The client was discharged.

The case focussed on the meaning of a ‘manifest lack of diligence’ for the purposes of a constructive waiver of the right to be present at one’s trial. As per Bertino and as submitted by George, May J agreed that it was only in ‘extreme cases’ that such a waiver would be found where a requesting judicial authority could not establish actual notice of the time and place of trial being given.

George was instructed by Magdalena Motyl of Bark & Co Solicitors.