Malcolm Hawkes

Malcolm has developed particular expertise with challenges to extradition requests on grounds of family life, proportionality and health. In GF v Latvia [2013] EWHC 317 (Admin), the High Court allowed an appeal based on the triviality of the alleged conduct and time already served while awaiting extradition. In Welke v Poland [2013] EWHC 320 (Admin), he successfully appealed an order made to extradite a man wanted for very serious offences in light of his responsibilities in caring for his disabled wife and the significant delay in the case for which he bore no blame.

In Juszczak v Poland [2013] EWHC 526 (Admin), the judge agreed that the appellant’s responsibilities in caring for his severely disabled daughter and a significant delay in pursuing him rendered the request disproportionate; the judge suggested that the case should serve as a warning to both the Polish authorities and SOCA ‘of the need to act speedily when seeking return of offenders either to face prosecution or to serve sentences'.

In Wrobel v The District Court of Wroclaw, Poland [2011] EWHC 374 (Admin), the court allowed an appeal predicated on suicide risk (s. 25); the case established the test to be applied in such cases. In Wilby and Halliday v The Municipal Court, Prague, Czech Republic [2012] EWHC 1006 (Admin), Malcolm represented the lead appellant in an HIV/AIDS case where access to adequate medical care in custody for HIV/AIDS sufferers was in issue.

Led by Edward Fitzgerald QC in the case of Hamza (for al Fawaz) v SSHD [2012] EWHC 2736 (Admin), Malcolm represented an alleged member of Al Qaeda and former associate of Osama Bin Laden. He is currently representing a British Al Qaeda suspect who is being sought for trial in the United States.

More broadly, Malcolm has also successfully argued Article 8 in Wysocki v Poland [2010] EWHC 3430 (Admin), the court finding the extradition request disproportionate. In Russian Federation v SV (unreported, 2011), an extradition request concerning a refugee accused of rape in Russia and alleged to have assumed a false identity in the UK, was stayed as an abuse of process.

Malcolm is also experienced in the use of judicial review both in extradition and criminal law contexts.

Reported Cases

• Juszczak v Poland [2013] EWHC 526 (Admin), appeal allowed on grounds of Article 8 (disabled dependent) and delay
• Welke v Poland [2013] EWHC 320 (Admin), appeal allowed on grounds of Article 8 (disabled spouse) and delay
• Mohamed v Netherlands [2013] 541 (Admin), appeal on Article 8, seven children and disabled wife
• Fridenberga v Latvia [2013] EWHC 317 (Admin) – appeal allowed; proportionality/triviality of offence
• Bachanek v Poland [2013] EWHC 258 (Admin)- proportionality (theft of pigeons) and Article 8
• Kriskis v Lithuania [2013] EWHC 321 (Admin) – prison conditions
• Georgiev v Bulgaria [2012] EWHC 3979 (Admin) – Article 3 /prison conditions
• Pham v New York [2012] EWHC 3890 (Admin) – bail application in alleged terrorist case
• Barron v Spain [2012] EWHC 3479 (Admin) – carousel fraud, bail
• Ciutea v Poland [2012] EWHC 3180 (Admin) – Article 8, children
• Olczak v Poland [2012] EWHC 3039 (Admin) - delay
• Stasiak v Poland [2012] EWHC 3179 (Admin) – Article 8/delay
• Hamza v Secretary of State for the Home Department (for al Fawaz, led by Edward Fitzgerald QC) [2012] EWHC 2736 (Admin) - application to re-open extradition proceedings, Article 3 and prison conditions
• Williams and Williams v France [2012] EWHC 2128 (Admin) - forum re. cross-border drugs conspiracy and Article 8
• Naidoo and Naidoo v Ireland [2012] EWHC 2245 (Admin) - passage of time and suicide risk
• Wilby and Halliday v The Municipal Court, Prague, Czech Republic [2012] EWHC 1006 (Admin) - prison conditions and HIV/AIDS
• Russia v SV (first instance decision) 2011 - extradition stayed as abuse of process
• Rzeczkowski v Provincial Court in Warsaw Poland [2011] EWHC 1698 (Admin) - appeal dismissed but question certified on Article 8
• Wrobel v The District Court of Wroclaw, Poland, [2011] EWHC 374 (Admin) - successful appeal under s. 25 EA 2003 (suicide risk/oppression)
• Skrzypczak v Circuit Court, Posnan, Poland [2011] EWHC (Admin) - challenge under s. 2 (particularity of the warrant)
• Mazurkiewicz v Poland [2011] EWHC 659 (Admin) - s. 25 and suicide risk
• Greer v Republic of Ireland [2010] EWHC 3510 (Admin) - application to discharge EAW on s. 35 grounds (failure to remove requested person in time)
• Wysocki v Poland [2010] EWHC 3430 (Admin) - successful Article 8 (family life) appeal
• Antonovic v Lithuania [2010] EWHC 2967 (Admin) - appeal (torture/Article 3)
• Baranauskas v Lithuania [2009] EWHC 1859 (Admin) - appeal (torture/Article 3)

Malcolm is regularly instructed in serious criminal matters, including rape, armed robbery, assault GBH and conspiracy to supply Class A drugs. These cases include representing the lead defendant in a two-week, two-handed rape allegation at the Old Bailey.

Malcolm has also appeared at the Court of Appeal to challenge both conviction and sentence in criminal matters, successfully reducing a sentence for an armed robber in Regina v Oyedeji Shobande, Sampson Reid [2012] EWCA Crim 560.

Reported Cases

• R v ED, 2012, Snaresbrook Crown Court, s. 18 GBH
• R v MD, 2012, Basildon Crown Court - rape
• Regina v Oyedeji Shobande, Sampson Reid [2012] EWCA Crim 560, armed robbery
• R v GS and MR, 2011, Central Criminal Court - rape and sexual assault (acquitted of rape)
• R v Otobo, 2011, Woolwich Crown Court - s. 18 GBH
• R v GS, 2011, Central Criminal Court - rape (Crown offered no evidence at trial)
• R v Olufemi and eight others, 2011, Central Criminal Court - money laundering
• R v Oyedeji Shobande, 2011, Central Criminal Court - armed robbery x2
• R v Vavrinec Ziga and nine others, 2011, Kingston Crown Court - conspiracy to supply Class A drugs
• R v Uwase and others, 2011, Harrow Crown Court - theft, trial halted as abuse of process
• R v RM and others, 2011, Snaresbrook Crown Court - affray (acquitted)
• R v Joseph Cooksley, 2011, Central Criminal Court - assault ABH
• R v MDS, 2011, Southwark Crown Court - robbery, collapsed following cross-examination of complainant
• R v Makeda Frizzle and others, 2011, Inner London Crown Court - assault ABH (acquitted)
• R v Mohammed Hoque, [2011] EWCA Crim 1348 - appeal against conviction
• R v Reginald Davis 2010, Blackfriars Crown Court - robbery, hung jury; Crown offered no evidence at retrial
• R v Lillian Okwok, 2010 Croydon Crown Court - Fraud (£338,000) and subsequent confiscation hearings.

Malcolm is well-versed in proceeds of crime cases (confiscation), including full, contested hearings at the Crown Court. He has also represented a defendant in a five-week trial at the Old Bailey on money-laundering charges.

Malcolm also has experience of a variety of regulatory work, including benefit fraud, planning and local government law. He has been involved in cases involving statutory nuisance, smoking regulations, local by-laws and planning permission.