Danielle appeared before the High Court of Justice, Queen’s Bench Division, to argue that the Appellant’s extradition should not have been ordered and was not proportionate under Article 8 of the European Convention on Human Rights.
The Appellant had been remanded in custody throughout the period that he was the subject of extradition proceedings and thus had a period of just over 11 weeks remaining to be served for a single offence of battery, dating back to 2012.
Danielle argued that, given the lack of seriousness of the offence, the established life that the Appellant had developed with his family in the United Kingdom, the lack of offending since the offence and positive lifestyle that he had been living, it could not be proportionate to disrupt his entire life to remove him to Poland to serve only 11 weeks in custody.
Further, it was argued that, when the case was considered at the magistrates’ court, there had been weight improperly placed on the proportionality of extraditing the Appellant for an additional offence, for which the Appellant’s extradition had been successfully opposed at that court and his discharge ordered.
Mr Justice Holman agreed with Miss Barden’s submissions, recognising that the Appellant had a strong case in relation to not only his Article 8 rights, but also the Article 8 rights of his wife, children and brother, who suffered from considerable ill-health and had been highly dependent on the Appellant historically. Mr Justice Holman’s reasoning recognised the errors made in the lower court and, ultimately, it was found that the Appellant’s extradition was a disproportionate interference under Article 8. Therefore, the appeal was allowed, the extradition order quashed and the Appellant discharged.
Danielle Barden specialises in business crime, general crime and extradition law.
Danielle is an experienced advocate in extradition. She exclusively appears on behalf of individuals who are requested for extradition before both the High Court on appeal and the magistrates’ court at first instance.
In her extradition work, Danielle has broad experience of arguing complex legal issues before the High Court and has successfully argued against the extradition of requested persons both at the magistrates’ court and on appeal to a range of states.
Danielle is a dedicated advocate, who argues passionately on behalf of her clients and is able to clearly and persuasively put across complex legal arguments, both in her written and oral advocacy.
Danielle was instructed by BSB Solicitors.