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Ben Keith

Year of Call: 2004

Extradition and Human Rights

Ben is a barrister specialising in Extradition proceedings and acts as junior alone and led junior in first instance extradition hearings at the  Westminster Magistrates' Court, and also in appeals to the Administrative Court, including cases of murder, rape, people trafficking, terrorism and complex fraud.

Ben has a busy Appellate practice and has appeared in over 25 cases before the Administrative court in the past 3 years in cases dealing with Articles 2, 3, 5, 6 and 8 of the ECHR including allegations against requesting states of torture, political corruption, rendition and discrimination.

Ben is on the Serious Fraud Office list of approved counsel and has expertise in financial crime particularly with an international element and advises on fraud, money laundering and confiscation for Defence and Prosecution. Ben also deals with cases in which parallel civil and criminal sanctions are used to prevent the disbursement of assets, including freezing orders and restraint proceedings.

Ben is also instructed in a number of cases by the Defence, in particular a multi-million dollar Ukrainian time share fraud will over 350 victims, as well extradition to Poland, Lithuania, Czech Republic, Bulgaria, Latvia, France, USA, Moldova and Azerbaijan.

Ben provides advice on mutual legal assistance and extradition requests both inside and outside the European Arrest Warrant Framework including advice on persons being requested to return from foreign jurisdictions to the UK and liability for arrest and detention.

Crime

Ben is instructed to defend and prosecute throughout London and the south east, as junior alone and led junior, both in trial and confiscation work. He has been instructed to provide advice and conduct trials in cases including murder, manslaughter, rape, child abuse, armed robbery, fraud, money laundering and drug offences. He has significant experience of dealing with PII matters and cases involving the security services, in criminal and extradition matters. He also has extensive experience of road traffic cases.

His recent instructions include: murder, fraud, importation of drugs and armed robbery. .

Ben also advises and represents defendants at inquests, and in regulatory and prison law matters, at adjudication, parole and appeal stages, including: Police Property Act, environmental health, licensing, and copyright and patent infringements.

Regulatory Work

Ben undertakes regulatory work on behalf of government bodies and prosecuting agents as well as Defendants and potential Defendants. Ben has expertise in dealing with cases in relation to the Department of Health and NHS Counter Fraud Service, including advice on freezing injunctions, restraint and criminal and civil fraud. He advises and represents professionals in cases on their regulatory obligations and concurrent criminal and civil liability, in particular in relation to the Financial Service and Markets Act 2000 and FSA investigations. This includes accountants, barristers, solicitors and medical professionals. Ben provides advice and representation in relation to judicial review and Appellate Court proceedings. Ben also advises and represents defendants at inquests.

Prison Law

Ben appears at adjudications and parole hearings on behalf of prisoners in particular life parole hearings and in judicial review proceedings of those decisions, in relation to both Criminal Justice Act 1991 and 2003 prisoners.

Lectures and Seminars

Ben lectures and provides training in Criminal and Extradition law to defence solicitors and prosecution agencies. Most recently he has lectured on Serious Crime Prevention Orders and changes in Extradition and Human Rights Law.

Ben is also a Registered Lawyer with the Football Association.

Professional Memberships

Extradition Lawyers Association
Young Fraud Lawyers Association (Chair)
Proceeds of Crime Lawyers Association

Direct Public Access

Ben accepts instructions directly from members of the public.

Appointments

  • Serious Fraud Office - C List prosecutor
  • CPS - Grade 2 Prosecutor
  • Fraud Prosecution Service Prosecutor
  • CPS Extradition Prosecutor







Specialist Practice Areas

Cases of Note

  • Sternaj v DPP [2011] EWHC 1094 (Admin)
    Instructed as led junior in an appeal by way of case stated on the interaction between the Refugee Convention 1951 and Immigration Act 1971 Offences.
  • Vatoci v Government of Albania: [2011] EWHC 1295 (Admin)
    David Josse QC led Ben Keith in a murder extradition appeal on the question of proof of identity where the extradition request had already been discharged in another jurisdiction
  • Government of Azerbaijan v AM
    David Josse QC led Ben Keith defending a member of the Azerbaijan Democratic Party on allegations of fraud. The Extradition request was found to be a sham based on political motives and the Defendant was discharged.
  • Zdenek Tous v District Court in Nymburk, Czech Republic [2010] All ER (D) 106 (Jun) (Admin)
    Appeal against Extradition order in relation to right to retrial in the Czech Republic and the Burden and standard of proof required in section 20 of the Extradition Act 2003.
  • S -v- Poland [2010] EWHC 915 (Admin) (High Court)
    Appeal against Extradition order in relation to a breach of Article 8 of the European Convention on Human Rights and in relation to triviality in European Arrest Warrants.
  • Szombathely City Court, Hungary and others -v- Roland Fenyvesi and Kalman Fenyvesi [2009] EWHC 231 (Admin); [2009] 4 All E.R. 324 (High Court)
    Junior Counsel on behalf of the Hungarian judicial authorities in case on Roma discrimination, and Articles 3 and 6 of the ECHR. Now the leading authority on the admission of further evidence on appeal in extradition proceedings.
  • Paris Public Prosecutions Office, France -v- Karzan Mohammed [2008] EWHC 3238 (High Court)
  • Michael Tazbir -v- Regional Court in Gdansk, Poland [2009] EWHC 838 (Admin)
    Appeal against extradition order on grounds the European Arrest Warrant was not compliant with section 2(4)c of the Extradition Act 2003
  • Danut Atilla Pieknyi -v- Hunedoara County Court, Romania [2009] EWHC 1056(High Court)
  • R -v- M and ors [2007] EWHC 2924 (QB) (High Court)
  • Matiss Bite v Jurmala City Court, Latvia and Ors [2009] EWHC 3092 Admin(
    Extradition appeal of man accused of double murder and robbery with allegations of torture by prison guards and breaches of Article 3 ECHR acting as junior alone in the Magistrates' Court and led junior on appeal.
  • Luczyk v Regional Court Kielce, Poland [2009] All ER (D) 231 (Nov) (High Court)
    Extradition appeal on the passage of time
  • Sondy v CPS [2010] All ER (D) 41 (Jan) (High Court)
    Leading Authority on admission of further evidence on appeal by Requested persons in Extradition Proceedings. Extradition request discharged post appeal.
  • Nataliaja Kolderas v Ministry of Justice, Lithuania [2010] EWHC (High Court)
    Appeal against extradition order because time served on remand was greater than sentence for which extradition was requested. Order discharged as a result of request being withdrawn after representations.
  • Kurtis Russell Mighall -v- Audencia Provincial of Palma De Malloca, Second Chamber, Spain [2010] EWHC
    Appeal against Extradition order on grounds that the European Arrest Warrant was deficient.
  • A v Croatia [2010] EWHC 918 Admin
    Appeal against extradition order on grounds of the impact on Appellant's family in breach of Article 8 of the ECHR.
  • Regional Court in Konin, Poland v Pawel Walerianczyk [2010] EWHC 2149 (Admin)
    Represented the Respondent in an appeal against discharge from extradition proceedings. Argument about the applicability of time limits and the nature of a notice of appeal.
  • R(on the Application of Zaporozhchenko and Redya) v Westminster Magistrates Court and Secretary of State for the Home Department [2011] EWHC 34 (Admin) (High Court)
  • David Josse QC led Ben Keith in a judicial review of the decision of the Magistrates Court not to discharge a Ukrainian extradition request because the Secretary of State had failed to order extradition in relation to an allegation of large scale fraud in the Ukraine. Judicial review granted.
  • Paczowsky v Regional Court in Warsaw, Poland [2010] EWHC 3531 (Admin)
    Extradition appeal in relation to passage of time and abuse of process in Poland
  • Stojkova v District Court in Okresny, Slovakia [2010] EWHC 3532 (Admin)
    Extradition appeal in relation to discrimination on the basis of sexuality and ethnicity in Slovakia.
  • Ciarch and 4 others v Circuit Court in Katowice, Poland and others [2010] EWHC 2772 (Admin)
    Conjoined applications for strike out of extradition appeals and guidelines as to grounds of appeal.
  • Popa v Regional Court in Plzen Mestro, Czech Republic [2011] EWHC 329 (Admin)
    Appeal to Divisional Court alleging abuse of process due to illegal detention of defendant on a defective EAW.
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