Eleanor Stephenson, instructed by Ahlam Omar and Katy Smart of Sonn Macmillan Walker, successfully opposed Romania’s application for permission to appeal against Westminster Magistrates’ Court’s decision to discharge a Romanian national wanted to serve a 10-year sentence for murder.
The case concerned conviction in absentia. Eleanor argued that although the requested person had some awareness of the first-instance proceedings in Romania, he had no knowledge of the subsequent appeal filed on his behalf by a Romanian lawyer. The requirements of section 20 were therefore not met. The Judge agreed and ordered his discharge.
The Romanian Judicial Authority sought permission to appeal to the High Court arguing that the Judge was wrong to not deem him present at trial by virtue of legal representation, and alternatively to find that he was not deliberately absent. Eleanor opposed the application, submitting that the High Court should be slow to interfere with the Judge’s factual findings. The High Court agreed and permission was refused.
This case illustrates the potential unfairness of the new section 20 provisions of the Extradition Act 2003, introduced by the Crime and Policing Act 2026. Had those provisions been in force at the time, the Requested Person would likely have been deemed, as a matter of law, to have been present at a trial that he never knew existed and in which he had no opportunity to participate.
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.
