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Stefan Hyman in extradition case which recognises post-Brexit principle of proportionality


Stefan represented a requested person who, by the time of appeal hearing, was sought only in respect of an allegation of shoplifting deodorant. In concluding that the requested person’s extradition would be disproportionate within the meaning of section 21A(1)(b) of the Extradition Act 2003, Sir Ross Cranston accepted that Article 597 of the EU-UK Trade and Co-operation Agreement 2020 (TCA) places new emphasis on “the principle of proportionality” as compared to the EAW Framework Decision which governs surrender between the EU Member States. The Court held that the EU-UK Political Declaration on Surrender, adopted at the same time as the TCA, confirms that Article 613(2) TCA establishes a mechanism to request and receive supplementary information on proportionality in appropriate cases. The case is reported on Westlaw (judgment awaited).

Stefan forms part of 9BR’s Extradition & Interpol Team. He was instructed by Magdalena Motyl of Bark & Co Solicitors.

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