Eleanor Stephenson and Chamila Wells-Thorpe of H.P. Gower secure discharge in German accusation case
Mr A’s extradition was sought in respect of an accusation of robbery, an offence carrying a maximum sentence of 15 years’ imprisonment.
From the outset, Mr A was adamant that he had not been in Germany at the time of the alleged offending. Substantial defence efforts were therefore directed towards obtaining objective evidence of his whereabouts.
Those efforts produced probation records demonstrating that, on the relevant date, Mr A was in fact at his approved premises in the United Kingdom and had signed in on multiple occasions throughout the day.
Despite that compelling evidence, the judicial authority refused to engage with a section 21B request unless electronic tagging data could also be produced. That data could not be obtained within the deadline imposed by the German prosecutor, and the warrant was maintained.
The difficulty was that DNA evidence was said to match that of the requested person. On that basis, the judicial authority declined to withdraw the warrant, notwithstanding the independent evidence placing Mr A in the United Kingdom at the material time.
In the meantime, with the assistance of an experienced German lawyer, Mr A prepared a robust challenge to extradition. The key argument was that he had not been charged for reasons other than his absence from Germany.
The available evidence indicated that the German authorities required further investigation before any prosecution could properly proceed. That position would be reinforced by the evidence that Mr A was in the United Kingdom when the offence was committed.
In those circumstances, surrender would have exposed him to a real risk of detention in Germany while investigative steps were pursued—precisely the type of outcome the statutory scheme is intended to prevent.
Ultimately, within days of the final extradition hearing, and only after tireless efforts on Mr A’s behalf by those instructing, a third party was able to obtain records from the electronic tagging company.
Once that evidence was produced and sent by the defence to the German authorities, the warrant was withdrawn.
The case highlights the importance of a robust defence in accusation cases. Mr A came extremely close to being extradited for an offence he did not commit, facing the prospect of custody abroad and a maximum sentence of 15 years’ imprisonment.
It demonstrates the practical importance of section 21B of the Act, which enables authorities to engage directly with requested persons in appropriate cases as an alternative to extradition. That safeguard exists to prevent precisely the injustice Mr A was facing, the consequences of which would have been devastating.
To instruct Eleanor, don't hesitate to get in touch with Dean Cook on +44 (0) 207 332 5400 or email: clerks@5sah.co.uk
Eleanor Stephenson is a barrister specialising in international criminal law and human rights. She acts in a range of Chambers’ practice areas including extradition & international law, sanctions, and public inquiries & inquests, and general crime. She 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.
