Rebecca Hill instructed by Aurindam Majumdar of Payton's Solicitors secures the discharge of a Requested Person on 4 Italian conviction warrants with sentences totalling 5-years 4-months.
Rebecca successfully argued that, applying the Supreme Court dicta in the recent decision of Bertino v Public Prosecutor’s Office, Italy [2024] UKSC 9 it is not sufficient that an individual who is absent from his trial is represented by a lawyer of his choosing. He must be in a position to engage in that trial through his lawyer and to provide meaningful instructions. Given that the Appellant was remanded in custody in another jurisdiction, the mere presence in proceedings of a lawyer he had previously instructed did not mitigate fair trial concerns created by his absence. Accordingly, the requirements of s20 of the Extradition Act 2003 were not met.
Furthermore, in respect of one of the warrants Rebecca argued that there was no equivalent domestic offence to 'escaping lawful custody' where that custody was house arrest as a condition of bail. That warrant was also discharged for failing the dual criminality requirements of s65 Extradition Act 2003.
Rebecca Hill is a leading practitioner in extradition and international crime who has worked at the forefront of this niche area for more than a decade. Rebecca’s significant expertise in human rights and European law complements her public law practice in which she represents individuals in challenges against the State and the Government. She regularly acts in cases of the utmost gravity before all levels of Court including the Divisional and Administrative Court and the European Court of Human Rights. Rebecca is ranked in Chambers and Partners as a band 2 leader in the field of Extradition at the London Bar and is also ranked in tier 2 in The Legal 500.
