Kathryn Howarth is consistently recognised in the Legal 500 as a leading junior in the field of extradition. She is regularly instructed in extradition proceedings at Westminster Magistrates’ Court and in the Administrative Court. She has appeared in the Divisional Court, acting alone against Queens’ Counsel and as a led junior. She is a contributing author in A Practical Guide to Extradition Law Post-Brexit (Law Brief Publishing).
Kathryn has been instructed in some of the leading cases in relation to the Extradition Act 2003, including the provisions on temporary transfer and the charge or try bar to extradition, as well as complex cases, involving historic war crimes allegations and issues of dual criminality in respect of the International Criminal Court Act 2003. She is often instructed in proceedings involving the USA and has experience in Part 2 extradition requests involving countries such as Brazil, South Africa, Albania, the United Arab Emirates and Nigeria. She undertook a secondment with the CPS Extradition Unit in 2013.
Featured Extradition & Interpol cases
Sanchez v USA  EWHC 508 (Admin)
Represented the Government of the USA the Divisional Court comprised of Fulford LJ and Laing J in relation to life sentences without parole. The case is currently on appeal before the European Court of Human Rights.
Jasieniewicz v District Court in Wroclaw-Fabryczna, Poland  EWHC 3187 (Admin)
Represented the RP in a case which considered the interpretation of the test under s.20 in relation to trial in absence.
Benmaimum v France  EWHC 1798 (Admin)
Represented the RP in an abuse of process challenge, concerning the interpretation of Article 28 of the Framework Decision of the EAW regarding the deduction of time served in custody.
Malar v Slovakia  EWHC 2589 (Admin)
Represented the RP in relation to time served in custody appeal.
Taylor v Belgium  EWHC 2453 (Admin)
Represented the JA in a case which considered s.20 trial in absence and re-trial rights.
Maric v Croatia  EWHC 3526 (Admin)
Represented the JA in relation to an extradition request concerning historic war crimes allegations.
Chirino v Germany  EWHC 3524 (Admin)
Represented the JA in a case which considered s.2(4)(c) particulars.
Duncan v Presiding Magistrate, Malaga, Spain  EWHC 3466 (Admin)
Represented the JA before the Divisional Court, in the leading case which provided the first guidance on applications under section 21B of the Extradition Act (the “temporary transfer” provision).
Oparcik v Poland  EWHC 2067 (Admin)
Successfully appealed against an order for extradition, on the basis of Article 8 owing to culpable delay by the requesting state (post Celinski).
Macaulay v Spain 
Successfully obtained the adjournment of extradition before the Administrative Court, until satisfactory assurance of medical treatment was provided, following a kidney transplant (section 25).
Kandola v Germany; Ijaz v Italy; Droma v Germany  EWHC 619 (Admin)
Represented the JA in leading case, the first to consider section 12A of the Extradition Act (“absence of a prosecution decision” provision).
Jankowski v Poland  EWHC 2522 (Admin)
Represented the JA in a case involving a dispute about the service of the notice of appeal form.
Anghel v France  EWHC 493 (Admin)
Represented the JA in a case in which the RP had been extradited before his appeal hearing was heard.
Trocha v Poland  EWHC 710 (Admin)
Represented the JA in relation to a s.20 trial in absence.
Skraba v Poland  EWHC 2193 (Admin)
Represented the JA in the first case to consider the jurisdiction to award costs in extradition proceedings.