Amelia Nice successfully represented a requested person resisting extradition to Hungary
On 30 October 2019, Amelia Nice successfully represented a requested person resisting extradition to Hungary. Deputy Senior District Judge Ikram discharged the case on an Article 8 basis.
The facts were exceptional. The Requested Person is an illiterate, deaf and functionally learning-disabled woman. Two experts had found that she was not fit to plead. She had also latterly been found to have been a victim of internal trafficking by UK agencies. She has two young children.
The Judge found that she did not leave Hungary in an effort to evade proceedings; he accepted the Home Office findings regarding her trafficking status and also accepted that she would be at a high risk of re-trafficking. As to her capacity, the Judge noted that he had no confidence she could meaningfully engage in proceedings and accepted she may well be unfit to plead. Finally, although Hungary had undertaken to place the Requested Person’s baby with her in custody until the child turned one, the Judge concluded that eventually the baby as well as the toddler would be separated from her. Amelia submitted that it would be likely if not inevitable that the children would ultimately end up in foster care in Hungary, a consequence out of all proportion to the offending. The Judge noted the separation of the mother and her children was a very significant factor in the Article 8 balancing exercise.
The matter is not appealed by the CPS.