George Hepburne Scott Secures Four Extradition Wins in One Week

George Hepburne Scott has secured successful results in four separate extradition hearings in one week, with his clients discharged/released in the following cases:

On 28 October 2024, in the case of Poland v R.T, George’s client was discharged by Order of District Judge Tempia at Westminster Magistrates’ Court, following a full hearing earlier in the month. The requested person’s extradition had been requested by Poland for drug supply (amphetamine and cannabis) in 2003. Although he was found to be a fugitive and had no dependents in the UK, following George’s powerful submissions he was discharged under Article 8 on the basis of delay.

Having previously secured bail for his client at Westminster Magistrates’ Court in Poland v P.W, on 30 October the Judicial Authority appealed this decision, which came before Cutts J in the High Court. Despite strenuous submissions against bail by counsel for the Judicial Authority, George yet again secured bail for his client. The case involved the requested person allegedly having headed a criminal conspiracy to evade VAT in Poland in 2015, involving two tonnes of contraband tobacco.

On 31 October, following a full extradition appeal in the case of L.T v Poland, George’s client was discharged by Sir Duncan Ouseley in the High Court, and was then released from custody. The appellant’s extradition was requested by Poland in respect of a theft of a car in 2002 and theft of six mobile phones (as an employee) in 2003. The appellant had a dependent 12-year-old son and was only 17 and 19 at the time of the offences. The appellant was found to be a fugitive, however George successfully deployed a delay argument under Article 8 and also used the early-release provisions in Poland under Article 77 of the Polish Penal Code.

On 4 November, at Westminster Magistrates’ Court, George’s client was discharged by Order of District Judge Turnock in the case of Poland v D.S, following a previously argued full hearing in October. George’s client faced a conviction extradition arrest warrant containing a sentence of two years’ imprisonment, of which 10 months and 13 days remained outstanding. The offences were group robbery with violence in 2013, criminal damage in 2016 and attempted theft in 2015. George again successfully deployed Article 8 with a particular emphasis on delay and the transformation of the requested person. Thanks to George’s efforts he was discharged and released.

George Hepburne Scott wins two new extradition cases in one week!

George Hepburne Scott wins two new extradition cases in one week!

On 9 July 2024 our client was discharged by Mrs Justice Heather Williams (the High Court judge) in the High Court on an extradition appeal in the case or J.N. v Poland. George Hepburne Scott had argued that the decision of the district judge at Westminster Magistrates’ Court was incorrect and the High Court judge agreed. Essentially, the district judge had not given enough weight to the unexplained passage on time (14 years) during which (although technically a fugitive) the appellant had been living and working lawfully in the UK and he was now 61 years old. He was absolutely delighted and very relieved as the nightmare was now over.

In a separate case, on 11 July 2024, our client, again represented by George Hepburne Scott, was discharged by District Judge Snow at Westminster Magistrates’ Court in the case of Poland v S.K., again due to the passage of time (20 years since the offences) and also, in this case due to the poor health of the defendant’s wife. This client (and his wife) was also absolutely overjoyed at the result as he could now go home to his 10-year-old daughter without this case hanging over him any more.

Another success in High Court for George Hepburne Scott in an Extradition Appeal

George Hepburne Scott of UK Extradition Lawyer had a great win in the High court in a recent Romanian Extradition case.

Judgment in the case of MB v Romania was handed down on 14 June 2024 and can be viewed here

Mr Justice Julian Knowles in his judgment noted that the appeal was brought with the permission of Hill J against the order for MB’s extradition to Romania made by District Judge Minhas on 8

March 2023. MB’s extradition was sought to serve a combined sentence for driving and drugs offences. In ruling in favour of MB the appellant, Julian Knowles J stated:

“There are factors for and against extradition….the points made by Mr Hepburne Scott are powerful. Having considered matters carefully and at length, I have reached the conclusion that this is a rare case where, standing back (per Love), the district judge was wrong and that (s)he should have concluded that extradition would be a disproportionate interference with the Appellant’s Article 8 rights….For these reasons, I quash the order for extradition on the basis that the district judge should have answered the Article 8 question differently and had (s)he done so (s)he would have been bound to order the Appellant’s discharge, and I so order…”

MB was of course delighted with the outcome is now able to complete his university degree here in the UK and to continue to work and live in the UK.

George Hepburne Scott secures four successes in a row in extradition cases at the High Court

George Hepburn Scott has recently secured four successful results for his clients in extradition cases at the High Court.

In the case of A.O. v Cyprus, on 22 May 2024, George was granted permission to appeal an extradition order of a district judge at Westminster Magistrates' Court by Hill J on all five argued grounds, which were as follows: (1) S.2(4)(c) of the Extradition Act 2003 ("the 2003 Act") re inadequate particulars of sentence, (2) s.12A of the 2003 Act re no clear decision to prosecute in the requesting state, (3) s.14 of the 2003 Act re passage of time, (4) s.21A of the 2003 Act re disproportionality of extradition, and (5) Article 8 of the Convention re right to respect of private and family life.

Secondly, in the case of M.W. v Poland, on 24 May 2024, Hill J granted George permission to appeal an extradition order of a district judge of Westminster Magistrates' Court under ss.10 & 64 of the Act 2003. George relied on an earlier victory in the High Court which set a precedent in relation to the UK offence of participating in a criminal organisation contrary to s.45 of the Serious Crime Act 2015 (Fedorowicz [2022] EWHC 3088 (Admin)). Fedorowicz essentially established that, when considering like offences (e.g. membership of a criminal organisation) at least some alleged criminal activity had to have taken place in the requesting state. In the case of MW, Hill J granted permission to appeal on the basis that, applying the Fedorowicz principle, this appeal was arguable. The allegation involved a multi million pound international fraud where the appellant was alleged to be the prime conspirator.

Thirdly, in the case of L.E. v USA, on 23 May 2024, Hill J granted George permission to appeal an extradition order of a district Judge in a US case. The grounds where permission was granted were: (1) Section 25 of the 2003 Act re the appellant's mental condition (PTSD and related issues), (2) Article 3 of the Convention re US prison conditions, and (3) Article 8 of the Convention re private and family life.

Finally, in the case of M.B. v Romania, on 14 June 2024, Julian Knowles J discharged George's client following a fully argued substantive appeal hearing re Article 8, as reported here and also reported in Chambers here.

George Hepburne Scott instructed in global terrorist financing extradition case involving Hezbollah

George is instructed in the case of USA v S.N. on behalf of a defendant facing a US extradition request who is said to be at the centre of a global terrorist financing conspiracy involving the sale and export of $750 million worth of diamonds and artworks which are said by US federal prosecutors to have been deliberately undervalued to evade US OFAC sanctions to enable the funding of Hezbollah.

The extradition request has been made by the US Department of Justice Office of International Affairs and is being led from the highest levels of the US Government.

George is highly experienced in resisting US extradition requests especially those involving allegations of complex global conspiracies.

The case is listed at Westminster Magistrates’ Court throughout 2024 and is attracting worldwide media attention

George Hepburne-Scott wins in groundbreaking Japanese extradition case

On 11 August 2023, following multiple contested hearings spanning two years, George’s client, J.C. was discharged at Westminster Magistrates’ Court by the Chief Magistrate of England and Wales.

The case involved an unprecedented extradition request made by the Government of Japan to the UK’s Home Secretary for the extradition of J.C. in respect of a robbery of a jewellery store in Tokyo in November 2015. J.C. was alleged to have been involved with others in carrying out the robbery which is alleged to have netted c.£670,000 worth of jewellery.

The extradition request raised a number of novel and complex issues and was resisted on multiple fronts before the Chief Magistrate who ruled on each of them in favour of the defence, resulting in the ultimate discharge of the defendant on 11 August. In essence the Judge ruled that: (a) the Government of Japan had not properly established a prima facie case against the Defendant due to admissibility issues with the putative identification evidence, (b) extradition constituted a risk of a breach of articles 3, 4, 5 & 6 the European Convention on Human Rights, and (c) the formal assurances provided by the Govt of Japan (pursuant to the case of Aranyosi) were insufficient to properly allay the risks of the identified human rights breaches.

The Govt of Japan has indicated that it will appeal these decisions and therefore the case will now proceed to the High Court.

George was led by Mark Summers, KC of Matrix and both counsel were instructed by Lisa French of Foxes Solicitors

Success for George Hepburne-Scott in a High Court Extradition Appeal

On 20 July 2023, George’s client, S.G. was discharged by a High Court Judge following a successful appeal against an order for extradition made by a district judge (“the DJ”) at Westminster Magistrates’ Court.

Essentially, S.G. (“the appellant”) was wanted by Poland on an Extradition Arrest Warrant containing (a) a sentence of 18 months for fraud in 2007 and (b) an accusation of participation in a criminal organisation and being involved in selling over 2kilos of cocaine and over 10kilos of amphetamine between 2003-2007. The point on appeal was that the DJ had found the appellant to be a fugitive in respect of (a) but not (b). By the time of the appeal, the appellant had served the vast majority of the sentence for (a). The argument was that the DJ had not properly analysed the passage of time between the end of the offences re (b) in 2007 and the issuance of the extradition warrant in September 2020. There had been culpable delay which was under-analysed by the DJ.

The High Court Judge therefore reevaluated the Article 8 question and, notwithstanding the seriousness of the offences and the fact that the appellant had no family in the UK, upheld the submission that extradition would be disproportionate.

The appellant was therefore discharged on appeal and released from HMP Wandsworth.

Another Success for George Hepburne-Scott in a High Court Extradition Appeal

On 14 February 2023, George Hepburne-Scott succeeded in an extradition appeal in the High Court.

In the case of Poland v D.O. a District Judge (“DJ”) of Westminster Magistrates’ Court (“Westminster”) had previously ordered the Appellant’s extradition to Poland to fact charges of VAT fraud which were allegedly committed in 2003 - 2005 and allegedly involved approximately £600,000 of tax being evaded through multiple fraudulent vat invoices and tax returns.

On appeal, George argued that the extradition after all these years, in circumstances where the Appellant was not a fugitive, would be oppressive within the meaning of s.14 of the Extradition Act 2003. He further argued that the DJ was incorrect when he failed to take account of the false sense of security that the Appellant would have felt.

Following detailed written and oral submissions at a fully-contested extradition appeal hearing on 14 February, Mrs Justice Steyn DBE delivered the judgment of the High Court. This judgment agreed with George’s submission that the passage of time has created a false sense of security for the Appellant who had raised a child in the meantime. Steyn J agreed that this false sense of security had not been considered by the DJ.

Consequently, the appeal was allowed and the DJ’s order for extradition was quashed

George Hepburne-Scott’s article published in New Law Journal this week

George’s article is based on his recent successful extradition appeal case in the High Court - Fedorowicz v Lithuania, and and comments on the scope of offences under the Serious Crime Act 2015 in the extradition context. The full article can be viewed here.

George Hepburne-Scott Achieves Another Excellent Result in US Extradition Case

George was recently instructed in the extradition case of USA v SD where a $10M global pharmaceutical fraud was alleged involving Indian distributors selling prescription drugs through the internet to customers in the US. The client was arrested in the UK and subject to the extradition request from the US Government which alleged him to be a primary conspirator in this global fraud.

We worked very closely with US attorneys at Reed Smith one of whom was a former US Federal prosecutor. Working in lockstep with the US team and achieved an excellent result for the client, on the basis of which he agreed to go to the US by consent with bail being guaranteed by the US Government, with a view to entering pleas to lessor charges and receiving a non-custodial outcome. This was remarkable given that the maximum sentence was originally cited by the lawyers for the US as being 10 years.

George Hepburne-Scott has developed a particular expertise in US extradition requests especially those involving global pharmaceutical or crypto fraud allegations.