Danielle Barden, instructed by Russell Nicholson of Taylor Rose Solicitors, has successfully secured the discharge of their client, who was requested by a Portuguese Judicial Authority for an offence of robbery dating back to 2005.
Danielle raised section 2 of the Extradition Act 2003, given that the prosecution had served two European Arrest Warrants, only one of which had been translated into English and only one of which was relied upon, the other having been withdrawn.
Therefore, it was argued that the court could not be sure that any of the particulars required under section 2 had been complied with. This was particularly so, given that the translation appeared to relate to the warrant that had been withdrawn and thus that there was no translation of the warrant upon which the Requested Person was requested for extradition.
The Requested Person was discharged, immediately released from custody and the prosecution confirmed that there will be no appeal against the decision to discharge in the circumstances.
Danielle Barden is a specialist extradition practitioner and is ranked in the Legal 500 as a rising star in international crime and extradition and is also recognised in Chambers & Partners in the up-and-coming category for her work in extradition. She exclusively represents requested persons in extradition proceedings. Danielle is also regularly instructed in high-value business crime cases and serious general crime cases.
