Ben Joyes

INTRODUCTION

Ben is ranked in the Legal 500 and Chambers and Partners as a Leading Junior in Extradition and International Crime. He is recommended by the Legal 500 as a “powerful advocate” with a “thorough knowledge of both international criminal law and extradition.” Similarly, Chambers and Partners describes him as “highly intelligent and motivated.”

Ben’s practice is focused upon cases that have an international dimension. He specialises in international criminal and humanitarian law, extradition, business crime and international human rights law.

Ben has acted in some of the most high-profile international criminal cases of the last decade. In England, he regularly represents individuals and requesting states in complex extradition proceedings at first instance and on appeal. He advises multinational corporate clients and prosecuting authorities on investigations involving sanctions and cross-border corruption.

As a result of his background in global investigations and fast-paced international litigation, Ben recognises the value in taking a collaborative approach in complex, document-heavy cases. He has operated in adversarial and inquisitorial systems and, similarly, has experience before tribunals that adhere to both the civil and common law traditions. Ultimately, Ben’s broad international practice ensures that he remains a versatile advocate, both orally and on paper.

Ben is registered with the Bar Council to accept direct public access work.

INTERNATIONAL CRIME

Ben is comfortable dealing with the vast volumes of evidence that are commonplace in international litigation. Experienced operating in hostile conditions, he conducts sensitive defence investigations with care and precision. In both Kenya and Cambodia, Ben interviewed sensitive witnesses and provided legal assistance to police, military and communications experts. He has worked closely with intelligence professionals on the collection and analysis of complex financial and communications evidence. He is currently instructed to advise and represent an individual summonsed by the Specialist Prosecutor’s Office and the Kosovo Specialist Chambers.

Ben has been appointed to the lists of counsel of both the International Criminal Court and the Kosovo Specialist Chambers. He also appears on the List of Legal Consultants of the Extraordinary Chambers in the Courts of Cambodia.

EXTRADITION

Ben is a specialist extradition barrister with a busy practice that sees him appear regularly before the English courts at all levels.

Ben recognises the importance of providing prompt advice to achieve the best possible outcome at the extradition hearing. Calling upon his extensive international network, Ben advises on the instruction of experts to provide evidence in court or to progress matters in foreign jurisdictions. Ben has a strong track record representing clients at first instance, and has enjoyed recent success with a broad range of arguments (see notable cases and linked articles below).

Ben frequently appears in leading extradition appeals. Recent notable cases have concerned Art. 3 ECHR and prison conditions in requesting states (Poland, Greece, Romania), s.17 of the Extradition Act 2003 and the availability of specialty protection (Romania) and the applicability of judicial review principles to decisions made by first instance extradition courts.

Ben also advises on matters beyond the narrow focus of extradition proceedings before the English courts, including INTERPOL, transferral of sentence to the UK, withdrawal of requests following successful challenge, and import extradition.  Recent successes arising out of Ben’s advisory practice include both the withdrawal of an EAW/INTERPOL notice by the Gibraltarian authorities, and the rejection of a high-profile Romanian extradition request by a court in Greece.

Ben appears on the CPS Specialist Extradition Advocate Panel (Level 3)

COMPLEX FINANCIAL CRIME

Ben’s white collar practice focuses on cross-border investigations involving business crime and fraud.

He has advised investigating authorities and corporate clients on sanctions and corruption-related investigations initiated by the Serious Fraud Office, Financial Conduct Authority, US Department of Justice and the Office of the Attorney General of Switzerland.

Ben has extensive expertise in disclosure in complex fraud cases. For several years, he was instructed by the Serious Fraud Office to lead a disclosure team in a document-heavy prosecution brought under the Bribery Act 2010 and the Proceeds of Crime Act 2002.

Ben appears on the SFO Advocate Panel (C Panel).

INTERNATIONAL HUMAN RIGHTS AND CAPACITY BUILDING

Ben has expertise in respect of a number of regional tribunals, including the European Court of Human Rights, Court of Justice of the European Union, African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights and the Southern African Development Community Tribunal.

Ben provides practical advice on investigations, as he has significant experience managing projects concerned with the documentation and analysis of potential breaches of international human rights law. Once proceedings have commenced, Ben is able to draw upon his considerable experience before the international tribunals to ensure that all applications – whether oral or written – are prepared and delivered with forensic precision.

Ben has significant experience conducting capacity building projects overseas. He recently designed and delivered training courses on human rights, fair trial standards and ethics for the benefit of judges and lawyers based in the Middle East. Ben also spent time at a human rights organisation in Phnom Penh, Cambodia, where he helped to develop a nation-wide trial monitoring project and conducted advocacy concerning land rights and land-grabbing.

International Crime

Mr XY - Kosovo Specialist Chambers

Ben was engaged as counsel to represent a person summonsed by the Specialist Prosecutor’s Office

The Prosecutor v. Dominic Ongwen - International Criminal Court

Ben was engaged as a legal consultant for the defence team representing Dominic Ongwen, the first former child soldier to be tried at the Court.

News story here

Case 004/02 - Extraordinary Chambers in the Courts of Cambodia

Ben was instructed to represent Ao An, an alleged former Khmer Rouge leader accused of genocide, crimes against humanity and violations of the 1956 Cambodian Penal Code. On 10 August 2020, the Supreme Court Chamber of the ECCC issued a landmark ruling terminating the proceedings against Ao An. Following 13 years of investigation, the Court could not agree that it had jurisdiction to prosecute Mr Ao An.

News story here

The Prosecutor v. Uhuru Kenyatta - International Criminal Court

Ben was a long-term member of the defence team that represented Uhuru Kenyatta, the former President of Kenya, before the ICC. Ben played a key role in laying bare the investigative flaws in the Prosecution’s case that eventually led to the withdrawal of all charges and the termination of the case against President Kenyatta by Trial Chamber V(B).

News story here

Extradition - Higher Courts

Stojcevic v Croatia [2024] EWHC 1477 (Admin)

Successful appeal against Croatian war crimes extradition request. See article here.

Rymarski v Poland [2023] EWHC 3389 (Admin)

Successful appeal providing guidance on when a reissued extradition request will amount to an abuse of process. See article here.

Dobrowolski v Poland [2023] EWHC 763 (Admin)

Successful appeal against extradition, in which the High Court clarified the significance of Polish early release provisions in the context of Article 8 ECHR. See article here.

Stafi v Romania [2023] EWHC 429 (Admin)

Successful appeal concerning retrial rights in Romania under s.20(3) EA 2003. See article here.

Sikora v Poland [2022] EWHC 3516 (Admin)

Successful judicial review of decision of first instance extradition judge to proceed to a full extradition hearing in the absence of the requested person. See article here

Marinescu and Others v Romania [2022] EWHC 2317 (Admin)

Lead Divisional Court case considering Article 3 ECHR and Romanian prison conditions.

Nonea v Romania [2021] EWHC 69 (Admin)

Case considering the impact of Enasoaie v Romania in the context of specialty (section 17 of the Extradition Act 2003) and the disaggregation of sentences in Romanian courts.

Greece v Hysa and Others [2022] EWHC 2050 (Admin)

Successfully defended CPS appeal against  District Judge’s decision to discharge client due to insufficient personal space in multioccupancy cells at Thessaloniki Prison. See article on this case here.

Romania v ZY [2022] Athens Court of Appeal

Advised Mr ZY’s Greek legal team in respect of politically motivated extradition request issued by Romania. On appeal, the Athens Court refused to extradite Mr ZY.

Litwinczuk, Lukaszek & Tadaszak v Poland [2021] EWHC 2735 (Admin)

Lead case on Polish prison conditions and Article 3 ECHR. See CrimeLine article on this case here.

Enasoaie v Romania [2021] EWHC 69 (Admin) [2021] A.C.D. 37

Lead Divisional Court case considering specialty (section 17 of the Extradition Act 2003) and the disaggregation of sentences in Romanian courts. See DELF article on this case here.

R (Klocek) v Westminster Magistrates’ Court [2020] EWHC 1632 (Admin)

Divisional Court case considering the ‘exceptional’ nature of the remedy of judicial review in extradition proceedings.

Celczynski v Poland [2019] EWHC 3450 (Admin) [2020] 4 W.L.R. 21 [2020] A.C.D 27

Case considering the extent of the High Court’s judicial review jurisdiction in extradition proceedings. See Criminal Law Week article on this case here.

Extradition - First Instance

Hungary v L [2024]

Extradition successfully resisted on proportionality grounds. See article here

Cyprus v CD [2023] Westminster Magistrates’ Court

Secured discharge of client on Article 3 ECHR grounds due to provision of inadequate prison assurance. See article here.

Poland v CS [2023] Westminster Magistrates’ Court

Majority of conduct in extradition request found not to satisfy test for dual criminality, as there was inadequate evidence to demonstrate that ‘designer drugs’ outlawed in Poland were controlled substances under the law of England and Wales. Redacted information from the Home Office Drugs Legislation Team was ruled inadmissible. Secured discharge on Article 8 grounds.

Poland v BS [2023] Westminster Magistrates’ Court

Secured discharge due to lack of dual criminality and retrial rights in Poland. See article here

Slovakia v MM [2022] Westminster Magistrates’ Court

Extradtion successfully resisted on proportionality grounds. See article here.

Poland v K, J, S [2022] Westminster Magistrates’ Court

Secured discharge of requested persons on Article 8 ECHR grounds in three separate extradition requests issued by Poland. See articles on discharges issued by DJ Leong, DJ Sternberg and DJ Snow.

Czech Republic v K [2022] Westminster Magistrates’ Court

Secured discharge of client on dual criminality grounds, as money laundering offences under s.329 POCA 2002 cannot be committed negligently under English law. See article on this case here.

Romania v RC [2022] Westminster Magistrates’ Court

Secured discharge of client on dual criminality grounds, as non-lethal weapon would not have required a licence in England. See article on this case here

Greece v Jalil [2021] Westminster Magistrates’ Court

Secured discharge of client on Article 3 grounds, as extradition of Mr J would occasion a real-risk of inhuman and degrading treatment.

Poland v R [2021] Westminster Magistrates’ Court

Secured discharge of client on basis that extradition would be unjust and oppressive pursuant to section 25 of the Extradition Act 2003, as he was unfit to plead or participate in proceedings. See article on this case here.

Lithuania v VZ [2021] Westminster Magistrates’ Court

Secured discharge of client on basis that measures less coercive than extradition were available (extradition proceedings were discontinued because client was attending his trial in Lithuania via video link from his home in the UK).

CrimeLine article on this case: Lithuania v VZ: video-link trial renders extradition disproportionate

Gibraltar v A [2020] Westminster Magistrates’ Court

Successfully resisted request for extradition on human rights grounds on behalf of requested person with PTSD. Later, secured withdrawal of EAW, SIS notification and INTERPOL notice on proportionality grounds following representations to issuing judicial authority.

WHAT THE DIRECTORIES SAY

"Ben is highly impressive and very bright."  (Chambers and Partners, 2024)
"I was struck by his seriousness and his understanding of the issues." (Chambers and Partners, 2024)
"Ben goes the extra mile for sure and picks out every argument." (Chambers and Partners, 2024)
"Ben is highly competent in both international criminal law and extradition. A strong advocate who is able to deal with complex, multi-jurisdictional matters, he inspires confidence whether prosecuting or defending." (Chambers and Partners, 2023)
"A highly intelligent and motivated junior" (Chambers and Partners, 2022)
 “He is a powerful advocate and has a thorough knowledge of both international criminal law and extradition where his work being instructed by the requesting state is noteworthy” (Legal 500, 2022)
‘He takes a sensible approach to arguments, and does not take bad points. He can be counted on to take a robust approach. He sees the wider picture, and considers strategic litigation perspectives of his cases.’ (Legal 500, 2021)
He is described as a ‘solid advocate’ with ‘significant experience prosecuting and defending in extradition matters, as well as in international criminal law.’ (Legal 500, 2021)
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PROFILE: Ben Joyes

Legal 500, 2024 Chambers UK, 2024

Year called

2010

Specialisms

Crime

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Confiscation / POCA

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Corporate Offences

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Financial Crime

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Fraud, Bribery & Corruption

International

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Corporate Offences

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Financial Crime

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Fraud, Bribery & Corruption

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Human rights law

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Immigration

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International Terrorism

Extradition

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Extradition

Direct access

Yes

Appointments

CPS Specialist Extradition Advocate Panel (Grade 3)

Serious Fraud Office Advocate Panel – C Panel

International Criminal Court – List of Associate Counsel

Kosovo Specialist Chambers – List of Counsel

Extraordinary Chambers in the Courts of Cambodia – List of Legal Consultants

Defence Extradition Lawyers Forum - Education Secretary

International Bar Association War Crimes Committee - Treasurer

Recognition

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