Mark Smith, a barrister in the 5SAH Extradition Team, secured a discharge on Article 8 grounds of a Requested Person wanted to serve 5 years' imprisonment in Belgium for armed robbery and human trafficking. The Requested Person was the sole carer for her two sons, aged 18 and 5, both of whom had significant medical issues.
Following discharge at first instance, the appeal considered defects in the local authority section 7 report given the older son reached majority during proceedings, a flawed interpretation of provision of Children Act 1989 by the District Judge, and the Requested Person's partner being removed from UK under immigration rules.
The case is one of very few to be remitted to the magistrates’ court but allow for consideration of fresh evidence, where the Requested Person was again discharged. It is highly unusual to receive a discharge not once, but twice, and for such serious offences.
Mark Smith was instructed by Criminal Defence Solicitors.
Mark regularly appears in extradition proceedings at Westminster Magistrates’ Court, as well as conducting hearings in the High Court on appeal. He is currently instructed in a Bulgarian request involving allegations of political corruption.
