26th March 2018
On 23rd March 2018 the Supreme Court (Lord Mance, Lord Hughes and Lady Black) granted permission to appeal.
On 27th April 2017 A Czech individual’s extradition was ordered by a District Judge at Westminster Magistrates’ Court. He had been sentenced to a term of eight years for three offences of fraud which are said to have taken place in 2004 and 2005. He was convicted in his absence on 12th May 2008 and has a right to a retrial in the Czech Republic. He was not considered to be a fugitive from the Czech justice system.
The learned judge found that, as this was a conviction case, any passage of time to be considered was from the date of the conviction in 2008. He did not accept that the time from the alleged commission of the offences should be taken into account.
Benjamin appeared to represent the Appellant before Sir Wyn Williams, sitting as a High Court Judge, who dismissed the appeal on 27th September 2017 (Konecny v District Court in Brno Venkov, Czech Republic  EWHC 2360 (Admin)).
However on 7th November 2017, Sir Wyn certified the following question of general public importance:
“In circumstances where an individual has been convicted, but that conviction is not final because he has an unequivocal right to a retrial after surrender, is he “accused” pursuant to s.14(a) of the Act, or “unlawfully at large” pursuant to s.14(b), for the purposes of considering the “passage of time” bar to surrender?”
The Court refused leave to the Supreme Court.
On Friday 23rd Marcy 2018 the Supreme Court granted permission to appeal the decision of Sir Wyn Williams.
Benjamin is instructed by Deborah Hogg of Freemans Solicitors and will be led in the Supreme Court by Mark Summers QC of Matrix Chambers.