Success in the case of Switzerland v M.D.

On 10 June 2022, George’s client M.D. was successful in the case of Switzerland v M.D.

The case involved an allegation of high value fraud involving an attack on the treasury IT systems of a major global company. The Swiss authorities had issued a Part 2 international arrest warrant and extradition proceedings had commenced against George’s client.

However, persistent legal argument and applications, including co-ordinated action in Switzerland through a Swiss lawyer that we engaged for the client, the extradition hearing was vacated at Westminster Magistrates’ Court as the Swiss prosecutor had agreed to an unprecedented granting of ‘safe passage’ to Switzerland under art. 204 of the Swiss Code of Criminal Procedure’. The client’s passport was returned to enable him to attend Switzerland where he gave evidence to a Judge and was guaranteed not to be arrested. The client duly attended and gave his full account including highly material defence evidence. He then returned to the UK.

Following this and further legal representations, the Swiss authorities finally agreed to withdraw the Part 2 international extradition arrest warrant and the client was discharged on the extradition proceedings under s82 of the 2003 Act.

Recent Extradition Successes (March 2022 Update)

George Hepburne Scott has been successful in the following recent extradition cases:

THAILAND V N.R.

Successfully defeated Thai request for the extradition of British business man for alleged global financial crimes

JAPAN V J.C.

Successfully defeated Japanese extradition request for British man accused of involvement in a £1M Tokyo jewellery robbery

SPAIN V P.B.

Successfully defeated a Spanish extradition request for a British accountant accused of masterminding a global multi-£M money-laundering scheme

ROMANIA V A.E.E.

Successfully defeated a Romanian request for a British / Egyptian man convicted of cultivation of cannabis and sentenced to 5 years.

Another Important Extradition Victory for UK Extradition Lawyer

On 17 January 2022, George Hepburne Scott's client was discharged by a District Judge at Westminster Magistrates' Court; his extradition having been requested by Romania where he had been sentenced in his absence to 5 1/2 years custody for cultivation and supply of cannabis.

The full extradition hearing had taken place in December 2021. It was a very interesting case where the requested person was a qualified medical doctor who suffered from severe mental illness including PTSD which was attributed to an 'undisclosed incident' that he suffered within a Romanian prison. However, the expert consultant psychiatrist called on his behalf at the hearing gave evidence, that was entirely accepted by the District Judge, that this PTSD was severe and would worsen if the requested person were extradited.

This was a highly unusual case and the District Judge indicated that it was the longest judgment he had ever written. Ultimately, the requested person was discharged on the grounds that to extradite would be "oppressive" within the hearing of s.25 of the Extradition Act 2003 and also, relatedly, disproportionate in terms of Article 8 of the ECHR.

The client, was, understandably, overjoyed and stated that the judgment had 'given him his life back.' This was a hard fought, hard one and important extradition victory.

George Hepburne Scott Successful in Landmark Extradition Case

On 2 December 2021 a district judge at Westminster Magistrates’ Court discharged George’s client and refused the extradition request from the Kingdom of Thailand.

This was the culmination of months of work and an extradition hearing lasting 5 days earlier in the year. George and his team had gathered and refined 1,000’s of pages of evidence to challenge the Thai extradition request.

The client, a British citizen, had been accused of providing financial advice without a licence over a period of several years.

The Thai Government later confirmed that it was not appealing the judgment.

Victory in Sicilian Mafia case for George Hepburne-Scott

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Stunning victory for George Hepburne-Scott in an Extradition case on 1 June 2021 at Westminster Magistrates’ Court.

In the case of Italy v B.T. the defendant was discharged by a District Judge following a fully contested extradition hearing.

The defendant B.T. had been convicted of mafia offences in Sicily in 2000-2003 for which he had received a sentence of 7 years and 10 months.

B.T. had been discovered living in the United Kingdom in 2020 and arrested on a European Arrest Warrant issued by the Sicilian Court. In the extradition hearing that followed, George led the legal team that fought extradition.

On 1 June 2021, a district judge at Westminster Magistrates’ Court gave judgment in B.T.’s favour on Article 8 and he was discharged and released from custody.

George Hepburne-Scott mentioned in a House of Lords Debate on Extradition

On Friday 8 January 2021, George Hepburne-Scott was name-checked by Lord Morris in a House of Lords debate on extradition. Lord Morris quoted George Hepburne-Scott when putting a question on extradition to the relevant UK Government Home Office Minister.

See the link at 2:27pm for the Parliament’s official record, Hansard, where George is named. 

We shall continue to contribute to the national discussion on extradition matters. 

https://hansard.parliament.uk/lords/2021-01-08/debates/1EE2CDA0-A9E3-44F1-917A-4B9EA5EE8898/EU-UKTradeAndCooperationAgreement#contribution-78608BF4-77AB-46B0-8421-9AECC74445CA

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George Hepburne Scott Succeeds in High Court Extradition Appeal

On 28 November 2019, George Hepburne Scott appeared before Farbey J on an extradition appeal.  He was appealing an extradition order made by a district judge at Westminster Magistrates’ Court. 

Having heard and read legal argument and submissions, Farbey J quashed the order for extradition on Article 8 grounds.

The Judge also observed that she would have also quashed the order on s.14 and proportionality grounds.

The case is reported here:

https://www.bailii.org/ew/cases/EWHC/Admin/2019/3698.html

George Hepburne Scott Secures Victories in Six Extradition Cases in Less Than Two Months

On 22 October 2020, following lengthy legal argument, in the case of Romania v G-A.P, George secured the discharge and immediate release of his client by successfully opposing the Romanian Judicial Authority’s application to adjourn to secure an assurance re prison conditions. In the absence of that assurance District Judge Bristow discharged the requested person under s.21 of the 2003 Act. George had relied upon the Divisional Court case of Adamescu v Romania [2020] EWHC 2709 (Admin), Article 17 of the European Council Decision re EAW’s, the Criminal Practice Direction 50.A and Criminal Procedure Rules 50.2. 

On 12 October 2020, following a full extradition hearing, in the case of Poland v M.N. George’s client was discharged on a Polish EAW alleging possession of amphetamine and cannabis. The client was discharged on the basis of s.21A proportionality following legal submissions at the extradition hearing. George was instructed in this case by Magdalena Motyl of Bark & Co Solicitors. 

On 11 September 2020, in the case of Belgium v SH, George’s client, an Albanian national, was sensationally discharged on an extradition request from Belgium alleging triple-murder. The client was discharged following complex legal argument regarding reopening the identity issue after the initial hearing.  On this occasion the client was discharged by District Judge Goldspring. 

On 4 September 2020, in the case of Greece v RK, George secured the discharge of his client at Westminster Magistrates’ Court on a Greek EAW this one alleging large scale drug trafficking. The client was an Irish National. On this occasion the Deputy Chief Magistrate of England and Wales discharged George’s client. 

On 25 August 2020, in the case of Greece v AS, George secured the discharge of his client at Westminster Magistrates’ Court again on a Greek EAW alleging cannabis cultivation. George’s client was an Albanian national. District Judge Ezzat discharged George’s client on this occasion. 

On 24 August 2020, in the case of Hungary v TK, George secured a discharge of his client at Westminster Magistrates’ Court on a Hungarian EAW relating to multiple thefts from employer. George’s client was a Hungarian national. District Judge Snow discharged George’s client on s.10 grounds on this occasion. 

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