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06/11/2026
Kathryn Howarth instructed by Jonathan Salter of Tuckers Solicitors, successfully represented a Requested Person before Westminster Magistrates’ Court, securing his discharge in relation to an Austrian conviction warrant.
The Requested Person had been sentenced to two and a half years imprisonment by an Austrian appellate court following a successful prosecution appeal. However, in the period between his conviction and suspended sentence before the Austrian trial court and the judgment of the Austrian appellate court, the Requested Person had returned to the United Kingdom and had become the sole carer for his children, who are British citizens.
After hearing evidence during a one day hearing at Westminster Magistrates’ Court, the District Judge found that the Requested Person was not a fugitive and that his extradition would have a devastating impact upon the children. The District Judge concluded it would be disproportionate to order his extradition to Austria in all of the circumstances of the case.
