Ben Keith & Georgia Beatty acted on behalf of the Government of Japan
The appeals by the Government of Japan in the first extradition request made to the UK were allowed by Lord Justice Lewis and Mr Justice Johnson on Wednesday 29 January 2025.
This is the first extradition request from Japan to the UK and a special ad hoc arrangement has been made under section 194 of the Extradition Act 2003.
Allegations
It is alleged that around 8:15pm on 20 November 2015, Mr Chappell and Mr Wright and their co-defendant Daniel Lee Kelly entered the Harry Winston Omotesando Hills Salon, a jewellery store in Tokyo, posing as customers. Upon entering the store, the security guard was punched several times causing him injuries that required 4 weeks to heal. The three men then smashed the glass showcases in the store and stole 46 pieces of jewellery and a display stand to a total value of 106,273,000 yen (equivalent to c. £679,000).
Judgment
The appeals by the Government of Japan were against the decision of the Senior District Judge to discharge Mr Chappell and Mr Wright from extradition proceedings. The judge in four separate decisions found that there was insufficient evidence for a case to answer against Mr Chappell and discharged both men as a result of concerns about Japanese Human Rights including:
1. Prison and detention centre conditions and risk of mistreatment (Article 3 ECHR).
2. Requirement to do compulsory work was found to be a breach of Article 4 ECHR.
3. That there was no bail available during the first 23 days of detention which amounted to a breach of Article 5 ECHR.
4. The fact that the Japanese criminal justice system did not allow lawyers into the interview room and other issues resulting in a real risk of a flagrant denial of justice (Article 6 ECHR).
The Divisional Court overturned the decisions of the Senior District Judge and found:
1. That there was sufficient evidence provided against Mr Chappell for a case to answer.
2. That the assurances given by the Japanese Government were sufficient for the purposes of Article 3 ECHR to prevent risk of mistreatment or poor conditions.
3. That there was no real risk of a breach of Article 4 ECHR as there was no risk of forced labour.
4. That there was no real risk of a breach of Article 5 ECHR as there was no risk of arbitrary detention.
5. That in light of further assurances given by the Government of Japan on appeal in relation to the right of access to a lawyer and the right to silence there was no real risk of a flagrant breach of Article 6 ECHR.
The Respondent can apply to the High Court to certify a point of public importance to be considered by the Supreme Court. They have 14 days to make that application.
The appeal was therefore allowed and the case will be remitted to Westminster Magistrates’ Court with directions.
Barristers Ben Keith and Georgia Beatty acted on behalf of the Government of Japan instructed by Kate Leonard at the CPS Extradition Unit.
Ben Keith is a leading barrister specialising in cross-border and international cases. He deals with all aspects of Extradition, Human Rights, Mutual Legal Assistance, Interpol, Financial crime and International Law including sanctions. He represents governments, political and military leaders, High Net Worth individuals, human rights defenders and business leaders in the most sensitive cases. Ben is recognised within Chambers & Partners High Net Worth Guide: Financial Crime, in the field of Extradition and Immigration, and the Legal 500 in International Crime and Extradition.
Georgia Beatty is a specialist extradition practitioner who also has a substantial practice in Criminal Law. She is recognised in the Legal 500 and Chambers and Partners for extradition. Her extradition practice includes both Part 1 and Part 2 matters and involves a wide range of legal issues arising under the Extradition Act 2003 and the European Convention on Human Rights.
Download a copy of the full judgment here.
