Ben Joyes resists Slovakian extradition request on proportionality grounds

This week, District Judge Heptonstall (DJ), sitting at Westminster Magistrates’ Court, discharged Mr M, a Slovak national residing in the UK.

Mr M was alleged to have imported over 800 grams of cannabis into the Slovak Republic from the Czech Republic in 2001. Mr M was sought to stand trial in Slovakia.

Despite finding that Mr M was “on the run”, the DJ concluded that the requested person “was not a fugitive” because “his primary concern may have been to avoid serious threats from the criminal organiser of the operation.”

Following a detailed analysis of the definitive guideline on the imposition of custodial sentences and Antochi v Germany [2020] EWHC 3092 (Admin) [§6-8], the DJ held that “the balance falls heavily towards a suspended sentence if it were custodial at all.” Considering the suspension criteria, the DJ noted that there was “a realistic prospect of rehabilitation” due to the 20-year delay, Mr M’s good character and his settled family life in the UK. Notwithstanding his view that the offending was not trivial, the DJ concluded that the offence was not of sufficient weight “to make extradition proportionate”, and discharged Mr M under s.21A(4)(b) of the 2003 Act.

The DJ also concluded that extradition would violate Mr M’s rights under Article 8 ECHR.

Mr M was represented by Ben Joyes of Chambers’ extradition team. Ben was instructed by Renata Pinter of Dalton Holmes Gray.