Stefan Hyman

Introduction

Since completing pupillage and obtaining tenancy in Chambers, Stefan has quickly developed a busy practice in extradition and criminal law. He is well-liked by solicitors and clients who value his direct approach, easy manner and pragmatic insight.

In the context of extradition, Stefan represents requesting states and requested persons at first instance and on appeal to the High Court. He is well placed to advise on challenges to extradition, including the fast-moving litigation concerning prison conditions in Europe and the United States (Article 3), the rule of law and judicial independence in central and eastern Europe (Article 6) and the impact of the UK’s withdrawal from the European Union. Stefan has written extensively on the new criminal cooperation measures agreed between the UK and EU in the Trade and Cooperation Agreement 2020. In March 2021, he was invited to join the Bar Council’s European Committee where he provides input on criminal law and security cooperation. He is a member of the European Criminal Bar Association.

Stefan has particular experience of litigating and appearing as an advocate in German, Italian, Belgian, Polish, Romanian and Spanish cases (Part 1). He has also appeared in Part 2 (non-European) cases at first instance, including requests from Australia, Brazil, Switzerland and the United States. Stefan is well-versed at arguing a variety of cases from those involving delay and the disproportionate effect of extradition on a requested person’s family life (Article 8) to more technical challenges involving European Union, international and human rights law.

Alongside extradition work, Stefan maintains a busy practice in the Crown Court, where he both prosecutes and defends. Throughout 2019, Stefan was instructed as disclosure junior on a five-month multi-defendant missing trader intra-community fraud involving a VAT loss of £34m.

Stefan advises on disclosure matters. From 2017-2019, he was instructed to provide advice on disclosure to a core participant in the Grenfell Tower Inquiry. More recently, he has assisted the Government Legal Department in sensitive disclosure work in anticipation of applications for judicial review. Stefan has advised foreign governments about the English criminal process and provided external training on extradition law and practice. He is a frequent contributor to Crimeline’s Extradition Hub (see links to articles, below).

Stefan is qualified to represent members of the public directly in accordance with the Bar Council’s Direct Access Scheme. He is on the CPS General Crime and Specialist Fraud Panels at Level 2 and the Extradition Panel at Level 3. He is formally accredited as being GDPR compliant - his privacy notice is here.

Background and expertise

Prior to joining Chambers, Stefan worked for a law firm specialising in public law. In 2015, he was involved in litigation against the Iraq Inquiry in relation to the unreasonable delay in publication of the Inquiry’s report. Following periods living and working in South America, Stefan is fluent in written and oral Spanish.

Notable cases

Bertino v. Public Prosecutor’s Office, Poland [2022] EWHC 655 (Admin)

Stefan represented an Italian judicial authority in an extradition appeal which considered deliberate absence from a criminal trial (s. 20(3) EA 2003) in the context of implicit waiver through a manifest lack of diligence (Art. 4a(1) EAW FD). The Court considered whether the right guaranteed in Article 6(3)(c) ECHR requires that a defendant be expressly informed that a trial may proceed in his absence so that he has foresight of the right which he is waving or whether he can waive that right too through his manifest lack of diligence.

Ziembinski v. Regional Court of Plock, Poland [2022] EWHC 693 (Admin)/ Gorak v. Regional Court in Poznan, Poland [2022] EWHC 671 (Admin)

Stefan represented Polish judicial authorities in two cases which considered the requisite approach to Article 8 proportionality assessments where there is uncertainty concerning whether the SSHD will permit a requested person to re-enter the UK after extradition or even revoke a grant of settled status.

Bullman v. High Court of Dublin (Ireland) [2022] EWHC 194 (Admin)

Stefan represented an Irish court in an extradition request for a British man accused of raping a partner twenty years ago. The requested person had a series of acute physical problems and learning difficulties which meant that the Court had to consider whether extradition would be oppressive. There were significant delays owing to the fact that the complainant suffered a fall and lost her memory for several years. The case considered reporting restrictions / anonymity for complainants of sexual offences in extradition proceedings. The Judge considered the circumstances in which the Court can and should anonymise the name of a requested person where he would be afforded such anonymity in the requesting state.

R (Salomon) v. Westminster Magistrates’ Court [2022] EWHC 83 (Admin)

Led by James Hines QC, Stefan represented the CPS in a recent Administrative Court case which considered whether the High Court or an extradition ticketed judge at Westminster Magistrates’ Court can review the taking of consent when it is alleged that incorrect or insufficient legal advice was given.

Ekwoge v. Central District Court in Buda (Hungary) [2021] EWHC 3163 (Admin)

Stefan represented a Hungarian court seeking the requested person’s extradition to stand trial in respect of money laundering offences. The requested person, who is of Cameroonian/African descent, claimed that the systematic racism and hostile environment within Hungary and, in particular, the criminal justice system and prison system, would result treatment contrary to A3 ECHR. The considered recent political developments in Hungary and adverse findings made by various UN bodies and NGOs. Permission to appeal was refused at an oral hearing.

Litwinczuk and Others v. Poland [2021] EWHC 2735 (Admin)

Stefan represented one of the requested persons in the first challenge to (general) prison conditions in Poland since 2012. The Court considered expert evidence and open source material which suggested that some of those detained in Poland had fewer than three metres square of personal space. Nevertheless, the Court did not find sufficient cause to seek further information under the Aranyosi process.

Balaz v. District Court of Zloven (Slovakia) [2021] EWHC 1862 (Admin)

Stefan represented a Slovak judicial authority where he successfully argued that the POCA money laundering (s. 327-329) offences are extra-territorial in nature and the correct test for purposes of dual criminality is whether the conduct constitutes an offence and not whether it would be charged in England and Wales in similar circumstances.

MW v. High Court of the Republic of Ireland

Stefan appeared on behalf of the Irish judicial authority at first instance and on appeal in a series of cases concerning the validity of Irish extradition requests in England and Wales following Exit Day and IP Completion Day. The challenge, which was raised under the heads of validity and abuse of process, concerned the Republic’s general opt out of the Area of Freedom, Security and Justice per Protocol 21 to the TEU/TFEU and the Union’s competence to reach agreements on behalf of Ireland in these specific areas. Owing to a ruling of the Grand Chamber of the CJEU in November 2021, which confirmed the Union’s competence to conclude law enforcement and security cooperation measures on behalf of Ireland in both the UK/EU Withdrawal Agreement 2019 and UK/EU Trade and Cooperation 2020, the point did not require final adjudication in this jurisdiction.

Hungary v DB

Stefan represented a requested person in one of the first Part 1 cases in which the underlying international instrument was the UK/EU Trade and Cooperation Agreement 2020 instead of the EAW Framework Decision. Given that his client was sought for purposes of prosecution and remanded in custody, Stefan challenged how UK judges should approach the principle of proportionality per Art. 597 of the TACA and the effect of the new joint EU/UK declaration on proportionality.

Luxembourg v MM

Stefan represented an individual sought in Luxembourg on suspicion of various offences of fraud. Stefan challenged whether the EAW provided sufficient detail to be considered valid and whether some conduct met the dual criminality test. He also argued that the Luxembourg authorities had not made a charging decision. Stefan succeeded in securing his client’s discharge in respect of some offences. The case is currently on appeal in relation to the others.

Greece v AN

Stefan represents a requested person accused of homicide in Greece. He challenges extradition on human rights grounds including inadequate prison conditions as a result of chronic overcrowding and high rates of inter-prisoner violence within the Greek prison estate (A3 ECHR), restrictions on the requested person’s right to apply for bail if extradited (A5 ECHR) and the Greek prosecutor’s failure to conduct an adequate investigation into the alleged criminality (A6 ECHR). He secured a discharge at first instance. The Greek authorities have appealed the district judge’s decision.

Spain v CB

Stefan represented a Spanish court which sought the requested person’s extradition in respect of a series of violent robberies committed when he was seventeen. By the time at which the EAW was issued, the requested person had turned eighteen and the case turned on whether the wrong court in Spain had issued the EAW, thereby, rendering it invalid ab initio. Stefan successfully relied on recent Court of Justice and domestic case law concerning the circumstances in which a decision to issue an EAW can be challenged in the Executing State to persuade the judge not to review the circumstances in which the EAW.

Operation Banjax

Instructed by the Serious Fraud Division as a disclosure junior on a 13-handed cheat of the public Revenue involving a VAT loss of £34m. Given the volume of material, Stefan was instructed to attend trial. 9 defendants convicted. Confiscation proceedings are on-going. Southwark Crown Court.

https://www.bbc.co.uk/news/uk-england-berkshire-49639133

R v IK

Advised on the new ‘assaulting an emergency worker’ offence as well as the powers conferred on PCSOs following a recent change in legislation. CPS offering no evidence on the indictment. Snaresbrook Crown Court.

R v SF

Following guilty pleas at PTPH to six dwelling burglaries and threats to cause criminal damage, Stefan obtained a sentence of four years’ custody for a prolific domestic burglar accused of a series of category one offences. Snaresbrook Crown Court.

Read more Notable cases

Prizes

  • Honourable Society of Lincoln’s Inn, Buchan Prize for BPTC Result (2015).
  • Honourable Society of Lincoln’s Inn, Lord Denning Scholarship for the BPTC (2014).
  • Organization of American States, Best Participant in the Model OAS (2010).
  • University of Edinburgh, Special Distinction in Spoken Spanish (2009)

PUBLICATIONS

Crimeline (2021): Marosan V Romania (2021) EWHC 3098 and an underlying theme: how to ascertain the EU law obligations of foreign courts

Crimeline (2021): New Term Update: three important extradition cases and a new book on post- Brexit extradition law

DELF Newsletter (2021): Recent Developments in Appeal Procedure (abridged version)

Crimeline (2021): Recent Developments in Appeal Procedure PART 1

Crimeline (2021): Zabolotnyi in the Supreme Court: three takeaways and a look to the future

Crimeline (2020): Extradition to the EU-27 under the UK/EU Trade and Cooperation Agreement: similarities and ten key differences (updated) (with Jonathan Swain)

Crimeline (2020): Judicial Independence in Poland (Update)

Crimeline (2020): Prison Conditions Update (France, Latvia and Lithuania)

Crimeline (2020): Looking beyond the Transition Period: will there be surrender? (with Jonathan Swain)

Rights Info (2018): Disclosure - Essential to a Fair Trial

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PROFILE: Stefan Hyman

Year called

2015

Specialisms

Crime

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Crime

International

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International

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Human rights law

Extradition

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Extradition

Direct access

Yes

Contact

020 7489 2727

Education

City Law School (2015), Bar Professional Training Course, Outstanding.

City Law School (2015), Graduate Diploma in Law, Commendation.

King’s College London (2010), MA in War Studies, Distinction.

University of Edinburgh (2009), MA (Hons.) in European History and Spanish, First-class with Honours.

Memberships

The Honourable Society of Lincoln's Inn

The Criminal Bar Association

Defence Extradition Lawyers' Forum

European Criminal Bar Association

Appointments

CPS Panel (Grade 2)

CPS Fraud Panel (Grade 2)

CPS Extradition Panel (Grade 3)

European Committee, Bar Council

Recognition

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