Hungary extradition: abuse of process

On 10 October 2019, Amelia Nice successfully won an extradition appeal and secured the discharge of a Hungarian national from an extradition request issued by the government of Hungary.

Mr Justice Holman refused extradition on two European Arrest Warrants. The first EAW concerned two convictions. Extradition had been refused for one of them by the District Judge. Eighteen months after that decision, the Hungarian court finally confirmed that if Mr Kiss were resentenced for the remaining offence, he would get a sentence between 3 and 12 months. Amelia successfully argued this did not satisfy the requirements of the Extradition Act and would have been an abuse of process. The second EAW was an accusation matter concerning theft in which Amelia successfully argued that extradition ought to be barred as not proportionate. Mr Kiss’s case has been ongoing for over two years and the High Court  also accepted that such a period was  onerous and further weighed against extradition. 

In Kiss v Hungary, Amelia was instructed by Rashmi Hirani of HP Gower Solicitors.