Danielle Barden, with Chloe Hingley of BSB Solicitors, represented a Requested Person whose extradition was requested by Poland to serve the remainder of an 11-year sentence for serious offences of violence.
Arguments were raised under section 2 of the Extradition Act 2003 and Article 8 of the European Convention on Human Rights. Although the Judge felt that he could not discharge the Requested Person under section 2, despite the serious concerns over the independence of the judges in Poland at present, he did find that to extradite the Requested Person would be a disproportionate interference with his and his family’s rights to private and family life together under Article 8. Expert evidence was led from an experienced child psychologist regarding the impact on the family as a whole of the Requested Person’s extradition, taking into account the particular impact on two of his children who have serious physical health issues.
It was successfully argued that the substantial amount of the sentence that had already been served, alongside the positive, offending-free lifestyle that the Requested Person had led since his release and the very negative, psychological impact that there would be on his wife, children and mother-in-law if they were separated, meant that it was not proportionate to extradite him.
Therefore, the Requested Person’s extradition was refused and he was discharged.
Danielle Barden is a specialist barrister instructed in business crime, general crime and extradition. She is ranked in the Legal 500 as a rising star in International Crime and Extradition. Danielle is an experienced advocate in extradition. She exclusively appears on behalf of individuals who are requested for extradition before both the High Court on appeal and the Magistrates’ Court at first instance. Danielle has broad experience of arguing complex legal issues before the High Court and has successfully argued against the extradition of requested persons both at the Magistrates’ Court and on appeal to a range of states.
