Article 8 & Expert Evidence Leads to Discharge in Extradition Proceedings
We are pleased to share that Sharad Buddhdev successfully represented two clients in linked extradition proceedings concerning a husband and wife, securing their discharge on Article 8 grounds at Westminster Magistrates’ Court. We had instructed two Counsel, Eleanor Stephenson and Meeno Kaur Chawla, both of 5 St Andrew’s Hill Chambers, in relation to this matter.
Mr S’s extradition was sought by Poland to serve a two-year sentence for historic pimping and fraud offences dating back to 2001. At the time of the hearing, Mr S was gravely unwell, fully bed-bound with a short life expectancy, and reliant on 24-hour care provided by his wife. In support of his case, two medical experts gave evidence on his condition and the risks extradition would pose. The Court accepted that removal would constitute a disproportionate interference with his right to family life and healthcare. The Judge ordered his discharge under Sections 21(2) and 2 of the Extradition Act 2003.
Mrs S was separately sought by Poland to serve a sentence of one year and six months for fraud offences committed in 2002. The Defence argued that her extradition would disproportionately interfere with her right to private and family life, given the exceptional level of care she provides to her husband and the severe consequences that removal would cause. The District Judge agreed and ordered her discharge under Section 21(2) of the Act.
This case highlights the rare but significant circumstances in which extradition may be refused due to the exceptionally severe impact on family life and health. In particular, the Court found that Mr S’s removal would not only be oppressive under Section 25 of the Extradition Act 2003, but also a disproportionate interference with his and his wife’s Article 8 rights, given his grave condition, complete reliance on his wife’s 24-hour care, and the historic nature of the offences. Supported by compelling expert medical evidence, the Judge concluded that extradition would cause an exceptionally severe impact, justifying discharge in both cases.
Sharad Buddhdev is part of Cartwright King’s Corporate and Financial Crime team, specialising in fraud, tax and Account Freezing Orders (AFOs). Recognised as a Rising Star in The Legal 500 2024 for general crime and fraud, he is highly experienced at representing clients in both business defence and serious criminal law matters. Sharad provides strategic advice and representation in complex cases, drawing on his strong professional network of expert witnesses to secure the best outcomes for his clients.