Experience

Benjamin is a specialist extradition and public law practitioner.

He appears regularly in the High Court, Westminster Magistrates’ Court and Tribunals. He represents UK and foreign government departments, requesting judicial authorities and individuals. He acts for interested parties at Inquests, often concerning deaths in custody, and advises on unlawful detention.

In March 2017 he was appointed to the Attorney General’s Civil Panel of Counsel, C Panel.

Awards

  • Peter Duffy Human Rights Scholarship, Lincoln’s Inn, 2009
  • Sir Thomas More Bursary, Lincoln’s Inn, 2004
  • Lord Haldane Scholarship, Lincoln’s Inn, 2003
  • Hardwicke Scholarship, Lincoln’s Inn, 2003
  • Choral Scholarship, St Peter’s College, Oxford 1997

Directories

Chambers & Partners 2018: Extradition- Up and coming
“Respected practitioner who is highlighted for his experience of handling leading prison conditions cases and difficult extradition matters. Interviewees note that he is “quick to take things up” and “very strong with clients.”

Strengths: “Dedicated and enthusiastic.” “He had a very complex case with a very demanding client and the facts he had to work with weren’t great, but he was able to make the best out of what he had.”

Recent work: Acted for an Iraqi-born British citizen facing charges of people trafficking whose extradition was requested by a prosecutor in France. His client was alleged to have been the mastermind behind a large number of illegal entries to the United Kingdom from France.”

Legal 500 – Level 3 Leading Junior
“Represents requested persons in High Court cases.”

Appointments

  • Crown Prosecution Service Advocate Panel – General Crime – Grade 2
  • Crown Prosecution Service Advocate Panel – Extradition – Grade 2

Education

  • GDL and BVC, BPP
  • BA (Hons) Modern Languages, University of Oxford, St Peter’s College
  • President of the Oxford Union (1999)

Professional Memberships

  • Elected member of the Bar Council: 2017-2020
  • Young Barristers’ Committee of the Bar Council
  • Defence Extradition Lawyers’ Forum
  • Extradition Lawyers’ Association
  • Criminal Bar Association
  • South Eastern Circuit

Languages

French and Italian


Attorney General Panel

Appointed to C panel

Connect

Attila Imre v the District Court in Szolnok (Hungary) [2018] EWHC 218 (Admin), [2018] All ER (D) 79 (Feb)

Appearing as sole counsel against Mark Summers QC, Benjamin acted on behalf of the judicial authority in Hungary, successfully resisting an appeal against the order of extradition of a Hungarian national, Attila Imre.

Read more

Grecu & Bagarea [2017] 4 WLR 139, [2017] EWHC 1427 (Admin)

Landmark decision on Romanian prison conditions. Benjamin represented the first Appellant, led by Jonathan Hall QC. The Court found that, following the judgment of the Grand Chamber of the European Court of Human Rights in the case of Muršić v Croatia, there is a strong presumption of a violation of Article 3 of the European Convention on Human Rights where the personal space available to a detainee falls below 3m² in multi-occupancy accommodation. Such a presumption can only be rebutted when the reductions in the required minimum personal space are accompanied by various cumulative mitigating factors.


Raimundo Felix v Comarca de Lisboa, Portugal [2016] EWHC 3518 (Admin)

In a technical case with an appeal raised under Section 2 of the Extradition Act, as well as under Article 8, Benjamin successfully acted for a Portuguese national whose extradition was sort for offences concerning an allegation of forging identity documents.


Zagrean, Sunca and Chihaia v Romanian Judicial Authorities [2016] EWHC 2786 (Admin)

Led by Ben Emmerson QC, Benjamin represented Mr Chihaia. The court considered an acceptance, by the Romanian judicial authorities, that they had not complied with a general assurance issued in February 2015 that there would be a minimum space requirement for prisoners extradited from the UK. The assurance was reaffirmed and therefore was still reliable. Furthermore the court reconsidered Section 20 of the Extradition Act in light of the decision of the Court of Justice of the EU in the case of C-108/16 PPU, Openbaar Ministerie v. Dworzecki.


Marku & Murphy v Greek judicial authorities [2016] EWHC 1801 (Admin)

Led by Edward Fitzgerald QC, Benjamin represented Mr Murphy. The Divisional Court found that no one could be extradited to two Greek prisons (Napflion and Korydallos), unless and until there was evidence of significant improvement due to clear breaches of Article 3 of the European Convention on Human Rights.


Puceviciene, Conrath and Savov v three judicial authorities [2016] 1 WLR 4937; [2016] EWHC 1862 (Admin)

Representing the first appellant Benjamin was led by David Perry QC before a Divisional Court including Lord Thomas LCJ. It is the leading case on Section 12A of the Extradition Act 2003. Requesting judicial authorities must have made sufficient progress in a prosecution against an accused individual before that person can be extradited from the UK under a European Arrest Warrant. Decisions to charge and to try must have been made, except where the sole reason for the failure to make those decisions is the absence of the individual from the jurisdiction. The Court also considered mutual legal assistance. If the judicial authority states that it cannot charge or make a decision to try the individual because she is absent from the jurisdiction, then there should be no further questions and the issue of mutual legal assistance is irrelevant to the bar under Section 12A.


France v Charbit [2015] 1 W.L.R. 2359

The European Arrest Warrant did not comply with Section 2 of the Extradition Act 2003 and the Court lacked jurisdiction to deal with it. The information in the annex did not form part of the warrant.


Spain v Warne [2015] EWHC 981 (Admin)

A successful appeal against discharge of a European Arrest Warrant issued in order to prosecute a British citizen for conspiracy to transport a large amount of cannabis into Spain in 2007. The Divisional Court found that the judge at first instance erred in finding that extradition would be oppressive. The matter was remitted to Westminster Magistrates’ Court and, after a further appeal, the appellant was extradited to Spain.’


R. v Lenton (Ryan) [2015] EWCA Crim 1812

A sentence of 10 years was reduced to one of seven-and-a-half years’ imprisonment in the case of an individual who had pleaded guilty to robbery after taking part in a night-time attack on a homeowner which involved significant violence.


Privacy Notice

Thank you for choosing to instruct me in your case. I will need to collect and hold your personal information in order to represent you. I will take all possible steps to protect your personal information. I am determined to do nothing that would infringe your rights or undermine your trust. This Privacy Notice describes the information I collect about you, how it is used and shared, and your rights regarding it.

Data Controller

I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is Temple Garden Chambers, 1 Harcourt Buildings, Temple, London EC4Y 9DA and my registration number is Z3084181.

Data Collection

All of the information that I hold about you is provided to or gathered by us in the course of your case and/or proceedings. Your solicitor and/or I will tell you why we need the information and how we will use it.

Our Lawful Basis for processing your information

The General Data Protection Regulation (GDPR) requires all organisations that process personal data to have a Lawful Basis for doing so. The Lawful Bases identified in the GDPR are:

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Our Lawful Basis is the consent of the data subject and our Legitimate Interest is that you are my client.

 I use your information to:

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  • Assist in training pupils and mini-pupils
  • Investigate and address your concerns;
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I do not use automated decision-making in the processing of your personal data.

I collect and process both personal data and special categories of personal data as defined in the GDPR. This includes:

Client data

  • Name;
  • Email;
  • Phone number;
  • Address;
  • Payment or bank details;
  • Date of birth;
  • Location details;
  • Device IP address;
  • Financial information
  • Medical Records
  • Criminal Records

I may share your personal data with:

  • Instructing solicitors
  • Pupil or mini pupil, under my training
  • Opposing Counsel, for the purposes of resolving the case
  • My Chambers management and staff who provide administrative services
  • My regulator or legal advisors in the event of a dispute or other legal matter;
  • Law enforcement officials, government authorities, or other third parties to meet our legal obligations;
  • Any other party where I ask you and you consent to the sharing.

 Transfers to third countries and international organisations

I transfer personal data to the following third countries or international organisations using the identified safeguards because I sometimes am required to communicate with lawyers, academics and family members of my clients in other countries inside the EU and also other countries. However I will always inform you of which countries they are.

I am satisfied that such transferred data is fully protected and safeguarded as required by the General Data Protection Regulation.

I retain your personal data while you remain a client unless you ask me to delete it. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held. I will delete or anonymise your information at your request unless:

  • There is an unresolved issue, such as claim or dispute;
  •  I am legally required to; or
  • There are overriding legitimate business interests, including but not limited to fraud prevention and protecting customers’ safety and security.

Your Rights

The General Data Protection Regulation gives you specific rights around your personal data. For example, you have to be informed about the information I hold and what I use it for, you can ask for a copy of the personal information I hold about you, you can ask us to correct any inaccuracies with the personal data I hold, you can ask us to stop sending you direct mail, or emails, or in some circumstances ask us to stop processing your details. Finally, if I do something irregular or improper with your personal data you can seek compensation for any distress you are caused or loss you have incurred. You can find out more information from the ICO’s website http://ico.org.uk/for_the_public/personal_information and this is the organisation that you can complain to if you are unhappy with how I dealt with you.

Accessing and Correcting Your Information

You may request access to, correction of, or a copy of your information by contacting me in Chambers. The contact details are provided above.

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