Extradition Hat Trick Win

DPC, a defendant in extradition proceedings, was discharged three times.  He is now free to resume living in this jurisdiction.

DPC was sought on an extradition arrest warrant to enforce custodial sentences resulting from three convictions.  DPC had been put before the foreign court for all three offences.  He had participated at his trials.  His convictions included inflicting grievous bodily harm such as to cause injuries imperilling the life of the person he fought.  The foreign court had made him subject to consecutive custodial sentences, not suspended.  Those sentences remained to be served in full.

Last July, a district judge discharged DPC from an arrest warrant, having agreed with the defence that the Court should do pursuant to the Extradition Act 2003, applying section 41 (‘Withdrawal of warrant before extradition’) subsection 3 (‘The judge must order the person’s discharge’).  The Extradition Unit had opposed the application by the defence to discharge DPC.

Within a month of the judge having discharged him, DPC was arrested and put before the Court on an arrest warrant.

Last August, a judge acceded to submissions by the defence and discharged DPC pursuant to the 2003 Act, applying section 10 (‘Initial stage of extradition hearing’) subsections (2) (‘The judge must decide whether the offence specified in the Part 1 warrant is an extradition offence’) and (3) (‘If the judge decides the question in subsection (2) in the negative he must order the person’s discharge’).  The Extradition Unit had opposed the application.

A year later, earlier this month, DPC’s legal representatives secured a hearing at which to apply for DPC to be discharged a third time.  The judge discharged him.  DPC had been granted bail only days earlier.  The Extradition Unit had opposed bail.

The practical result is that DPC did not have to go to Heathrow Airport two days later to surrender to police.

The National Crime Agency had earlier sent to DPC and his solicitors a letter to instruct him that he must go to Heathrow Airport in time to meet officers who would escort him to a nominated flight on which he was booked to be surrendered.

When a judge discharges a defendant in extradition proceedings, the defendant, but not the arrest warrant, is discharged.

Anna Maj at GSG Law Solicitors privately instructed Abigail Bright to defend DPC.