Ben Joyes of 9BR successful in High Court extradition appeal on Romanian retrial rights

Last week, Mrs Justice Yip handed down judgment in the case of Stafi v Romania [2023] EWHC 429 (Admin).

The decision further clarifies the extent to which a court may infer deliberate absence under s.20(3) EA 2003 from a requested person’s failure to update their service address. Considering the line of cases leading up to, and beyond, Dziel v Poland [2019] EWHC 351(Admin), the Court concluded that the

“authorities do not go so far as to suggest that in every case in which a requested person has breached an obligation to notify all relevant authorities of a change of address he will be taken to have deliberately absented himself from any subsequent hearing. Each case must be carefully examined on its own facts to determine whether the statutory test under section 20(3) is satisfied. On the particular facts of this case, I am not persuaded that it would be appropriate to infer that the appellant waived his right to be present at trial on the basis of the respondent's evidence.”

Yip J allowed the appeal on the basis that the CPS had not established beyond reasonable doubt that the appellant was deliberately absent from his resentencing hearing in Romania.

Ben Joyes is part of the extradition team at 9BR. He was instructed by Harry Grayson of Birds Solicitors.

View the full judgment here 

View Ben’s profile here