Ben Joyes secures discharge on all grounds of challenge in Czech extradition case

19 July 2022

Last week, District Judge Bristow (DJ), sitting at Westminster Magistrates’ Court (WMC), refused to order the extradition of Mr K, a UK resident, ruling that conduct concerning the negligent concealment of criminal funds in the Czech Republic would not amount to a criminal offence in England. The DJ agreed with the submission made on the RP’s behalf that money laundering offences under s.329 POCA 2002 cannot be committed negligently under English law. The DJ further found that extradition would represent a disproportionate interference with Mr K’s rights under Article 8 ECHR. Finally, the DJ agreed that extradition would be disproportionate per se under s.21A(4) EA 2003, as Mr K would be likely to receive a non-custodial sentence.

Mr K was represented by Ben Joyes of Chambers’ extradition team. Ben was instructed by Hussain Hassan at Commons Legal.