Our latest news
National Legal Service Solicitors ensure charges are discontinued against victim of modern-day slavery
Joe Davis received instructions to deal with a case involving the transportation of drugs into prison. Offences of this nature are very serious and will most frequently result in a custodial sentence if convicted of the offence. Having pleaded guilty in Wimbledon Magistrates’ Court our client’s case was deemed too serious and was subsequently sent to Kingston Crown Court for sentencing. Experienced barristers were instructed to deal with the case and worked tirelessly alongside Joe to understand more about our client’s personal circumstances in the lead up to the alleged offence. After lengthy criminal proceedings it became very apparent that our client was a victim of modern-day slavery. We took advantage of the new National Referral Mechanism procedure, which allows cases to be referred to the National Crime Agency and other associated public bodies where there is evidence of modern-day slavery or people trafficking. As a result of this referral a report was presented to the court and the Crown Prosecution Service to advise that our client was indeed a victim of modern-day slavery. At this point the Crown Prosecution Service had the option to either drop the charges against our client, or continue with the prosecution. Initially the prosecution decided to continue with the case against our client, however after National Legal Service Solicitors made numerous representations to the prosecution that it was not in the interests of justice to proceed, the Crown Prosecution Service discontinued the case. Our client having had no previous convictions before this case remains of good character. If you or someone you know may have been a victim of modern-day slavery, you can talk confidentially to a member of our team by phoning +44 (0) 20 3601 5051, or fill in our enquiry form and someone will get back to you shortly. [...]
In another recent success for National Legal Service Solicitors, the Administrative Court overturned a decision to extradite a man to Poland for a second time as a disproportionate interference with his human rights.
Our client had been extradited to Poland in 2009 for an assault offence. He had been released from Polish prison for good behaviour and was free to return to the U.K. It took our client many months to recover from the experience and to re-establish himself in this country.
Some nine years later, the same Polish court – indeed, the same judge – who had dealt with him in 2009 sought our client’s (re) extradition in relation to an offence dating back to 2005. No reason was given as to why this had not been dealt with in 2009. Indeed, the Judicial Authority did not disclose the previous extradition, even when specifically asked about it by the CPS here. It was good fortune that our client had retained documents from 2009 confirming that he had already been extradited to Poland.
At the full hearing, we argued that extradition now would be disproportionate, oppressive and amount to an abuse of process given the apparent lack of candour on the part of the judicial authority. The District Judge rejected these arguments, surprisingly finding our client to be a fugitive from Poland, notwithstanding that he had surrendered to Poland and had been dealt with and released.
The Administrative Court found that there was no evidence to suggest that our client was a fugitive and that it was now far too late to seek his extradition for the 2005 matter. We are delighted that our client will now not have his life disrupted again and can continue to blossom in this country with his family.