Ben Keith

Year of Call: 2004

Education / Qualifications

B.A. (Hons) Modern History with Economics

PgDL

Lincoln's Inn Levitt Scholar

Appointments

Serious Fraud Office - C List prosecutor                           

CPS - Grade 2 Prosecutor                                           

Fraud Prosecution Service Prosecutor                             

CPS Extradition Prosecutor

Specialist practice areas

Financial crime
Asset Forfeiture & Confiscation
Immigration
Crime
Extradition

Profile

Extradition and Human Rights

Ben is a barrister specialising in Extradition proceedings and acts for both requesting states and requested persons, as junior alone and led junior in first instance extradition hearings at the City of Westminster Magistrates' Court, and also in appeals to the Administrative Court, including cases of murder, rape, people trafficking, terrorism and complex fraud.   He has appeared in the Administrative Court in cases dealing with Articles 2, 3, 5, 6 and 8 of the ECHR including allegations against requesting states of torture, rendition and discrimination.

He is currently instructed as junior counsel for the Portuguese authorities in the case of Dr. Vale e Azevedo, the former President of the Benfica football club convicted of offences of serious fraud.   He is also instructed in a number of cases by the Defence, in particular in relation to large scale importation of cocaine to the USA and crimes committed during war in Croatia.

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 from 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.

He was recently instructed to oppose a voluntary bill of indictment in the High Court acting for the fourth defendant in a 12 defendant conspiracy to commit grevious bodily harm by a North London Somali Gang.   He has particular interest in financial crime particularly with an international element and advises on money laundering, confiscation and fraud matters for Defence and Prosecution.

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 (Committee Member)

Proceeds of Crime Lawyers Association

Direct public access

Ben accepts instructions directly from members of the public.

Cases of note

Zdenek Tous v District Court in Nymburk, Czech Republic [2010] All ER (D) 106 (Jun) (Admin) (High Court)
– 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.

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) (High Court)
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)

R -v- B (Crown Court)

Matiss Bite v Jurmala City Court, Latvia and Ors [2009] EWHC 3092 Admin (High Court)
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 (High Court)
Appeal against Extradition order on grounds that the European Arrest Warrant was deficient.

A v Croatia [2010] EWHC 918 Admin (High Court)
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) (High Court)
Represented the Respondent in an appeal against discharge. Argument about the applicability of time limits and the nature of a notice of appeal.

PDFs

Ben KeithCV.pdf