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5SAH Extradition & International law update: June 2021

Welcome to our June 2021, 5SAH Extradition & International law newsletter.  


'well known for extradition work', with 'a strong cadre' of 'talented and experienced extradition lawyers'

Legal 500 2021, UK Bar Guide


'A chambers with a significant reputation for handling extradition cases that is known for having members who are fully committed to this area of the law. Individuals at the set regularly write and lecture on the topic and are called upon by the national press for their views.' 

Chambers & Partners, 2021 UK Bar Guide


The newsletter features the following articles & videos:


  • Watch: INTERPOL & The Extradition Act 2003: New challenges & opportunities: Ben Keith, Louisa Collins & Amy Woolfson. 
  • Retrial-conviction cases: when is extradition proportionate? Mark Smith. 
  • Extradition under the EU–UK Trade and Cooperation Agreement: Ben Keith & Sophia Kerridge.
  Watch: INTERPOL & The Extradition Act 2003: New challenges & opportunities
    view our extradition and international team pages

Watch our INTERPOL & Extradition Act 2003 Webinar which took place on Tuesday 9 March 2021 at 17:30 (GMT) via Zoom.


Presented by our team of expert barristers who specialise in Extradition and INTERPOL:

  • Ben Keith
  • Louisa Collins
  • Amy Woolfson

Topics covered:

  • Post-Brexit, INTERPOL has an increased significance in extradition proceedings. The seminar examines how INTERPOL Red Notices and diffusions can be challenged and provides an overview of the new power of arrest contained in the Extradition (Provisional Arrest) Act 2020.
  • The seminar also covers practical considerations for those advising clients who are subject to a Red Notice or diffusion.
watch the video on our 5sah youtube channel
  Retrial-conviction cases: when is extradition proportionate?
    VIEW OUR extradition pages here

When is it proportionate to extradite a person for what appear to be minor offences where they are entitled to a retrial?


The section 21A proportionality bar is not available as the Requested Person has already been convicted, even though they would face a retrial on their return. Such “retrial-conviction cases” are potentially complex as they are not explicitly recognised in the Extradition Act 2003. In Saptelei v Romania [2021] EWHC 506 (Admin), 5SAH’s David Josse QC and Mark Smith sought to shine a light on this extradition blind spot.


Proportionality bar
In 2014, Parliament gave a helping hand to extradition defence lawyers by introducing a new proportionality bar under section 21A of the Extradition Act 2003. Unlike Article 8, the court is only permitted to take account of three factors in the proportionality exercise: (i) the seriousness of the offences, (ii) the likely sentence, and (iii) any less coercive measures that could have been taken. However, it is only available in accusation cases.


Konecny v Poland
In Konecny v Poland, the Supreme Court considered whether EAWs in retrial-conviction cases should be treated as accusation warrants. The Supreme Court rejected that argument, but did identify an unfairness in the Extradition Act where the Requested Person is disadvantaged by having been tried in absence. The court decided that the disadvantage under section 14 should be compensated under Article 8. The judgment also opened the door to using Article 8 to compensate for other disadvantages implicit in the Extradition Act for retrial-conviction cases.

Click here to continue reading the article in full
  Extradition under the EU–UK Trade and Cooperation Agreement

Ben Keith, Barrister, Sophia Kerridge, Barrister, both at 5SAH Chambers, London, and Edward Grange, Partner at Corker Binning, London discuss Extradition under the EU–UK Trade and Cooperation Agreement for NJECL.1


When the EU–UK Trade and Cooperation Agreement (TCA) was reached between the UK and the EU on 24 December 2020, it gave extradition practitioners only a few days to identify what, if anything, would remain from the European Arrest Warrant (EAW) system before it came into force on 1 January 2021. The article starts by setting out how the EAW was implemented in the UK prior to 1 January 2021, before turning to the TCA itself and what it means for extradition or ‘surrender’ between EU member states and the UK. In short, the EAW system no longer applies. The authors set out how the TCA provides a degree of continuity, now under the watchful eye of the UK–EU ‘Specialised Committee on Law Enforcement and Judicial Cooperation’. There are notable departures from the EAW system however, in both practical and legal terms, that open the door to increased scrutiny of extradition requests. The authors explore the impact these changes may have on the future of extradition with the EU27, to or from the UK.

Read the article in full on our website here
Louisa Collins  
Louisa Collins is a barrister specialising in extradition, international crime and human rights law. Louisa is ranked in Chambers and Partners and Legal 500 for her extradition work.  
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Ben Keith  
Ben Keith is a leading specialist in Extradition and International Crime. As well as dealing with Immigration, Serious Fraud, and Public law. He is rankedin Chambers & Partners and the Legal 500 for Extradition & International law.  
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Amy Woolfson  
Amy is a barrister who deals with extradition cases. Solicitors have instructed her in extradition hearings at all stages in Westminster Magistrates’ Court. Amy has experience of complex international extradition cases including working with Ben Keith on a number of INTERPOL Red Notice cases.  
Mark Smith  
As a specialist in extradition proceedings, Mark regularly appears in the High Court (Admin) in relation to extradition appeals. He also appears in relation to cases concerning import and export extradition in EAW and Part 2 cases.  
Sophia Kerridge  
Sophia is a barrister practising in all areas of criminal and regulatory law. She has experience of professional discipline and regulatory cases and a growing practice in extradition.  
Dave Scothern  
Dave Scothern is the Chambers Director at 5SAH. To contact Dave to discuss how 5SAH can assist your business, he can be contacted directly here: DDI: 02073325401 MOBILE: 07931776630  
  Our highly effective team of clerks is available to answer any questions you may have:  
  +44 (0) 207 332 5400  
  +44 (0) 7761 059 579  
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This update is published for general guidance only and is not to be substituted for legal advice, which should be sought before taking any steps in relation to information that may be included in this notification. If you have any queries arising out of the issues raised, contact a member of our team on +44 (0) 207 332 5400. To opt-out from future communications please click here.

© 5SAH 2021