CJS Defence Ltd were instructed to represent a client who faced extradition to Poland to serve a prison sentence of 18 months for drug offences. The client had been convicted in his late teens and was in a difficult stage of his life. Following the conviction he fled Poland and made a new and successful life in the UK. Arguments under Article 8 of the European Convention on Human Rights were advanced on his behalf. While he did not have children, he had a long term partner and had a successful career. He was arguably fully rehabilitated from his previous life and had not been in any trouble since he arrived in the UK. CJS Defence Ltd presented detailed evidence about the impact that extradition would have on him and his partner. The case was finely balanced but the District Judge hearing the case at Westminster Magistrates Court agreed that on balance it would be disproportionate to extradite or client. The client was very happy with the outcome and was able to claim back some of his legal fees. The result also provides him with some bargaining power with the Polish Judicial Authority to find a solution that does not involve custody. If you are facing extradition proceedings please contact us now on 07773368713 to discuss your case further.

This was a shocking read. Not sure how the CPS deemed this case, a low end assault from 41 years ago, to be 'appropriate and proportionate' to justify extradition. Even though he was on bail in the US, Mr McGrath was remanded in custody when he arrived in the UK for 7 months at HMP Leeds. The cost of his detention alone pending trial was probably around £20k. This prosecution was a massive waste of taxpayers money and will rightly anger complainants and defendants waiting for justice in more recent cases. The full story can be read at https://www.bbc.co.uk/news/uk-64678781

In February 2023 CJS Defence Ltd were instructed by a client facing allegations of common assault by beating and criminal damage. The incident arose following a altercation about work that our client had not been paid for by his customer. Our client accepted that he had acted inappropriately given the circumstances and informed the police of this during his interview under caution. He was charged with common assault and criminal damage. Chris Stevens prepared detailed representations seeking consideration of a conditional caution. These representations were successful and the client received a conditional caution and avoided prosecution and a likely conviction. Our client was very pleased that he did not have to go through court proceedings and was happy to have the matter dealt with in this way. CJS Defence Ltd regularly take instruction on cases where an alternative outcome, that avoids prosecution, can be successfully argued. If you are at the early stages of a case and would like advice on whether there is an alternative outcome that can be reached in your case please get in touch on 07773368713 or email chris@cjsdefence.co.uk.

It was widely reported this week that there has been an increase in the number of Football Banning Orders that have been issued in England and Wales. Within the period of 1 July 2022 to 31 December 2022 there were 343 banning orders imposed. This is an increase of 230% from the same period in 2021. https://www.theguardian.com/football/2023/jan/12/football-banning-orders-in-england-and-wales-up-230-per-cent-on-last-season https://www.dailymail.co.uk/sport/football/article-11627067/Football-banning-orders-England-Wales-gone-230-year.html There have been a proactive steps taken by the police and Crown Prosecution Service to bring these cases to court, particularly considering the backdrop of the violence seen in the England -v- Italy Euro's final at Wembley in 2021. However, it is not just at the big games that there have been problems and a rise in drug use and antisocial behaviour by fans at matches across the country has fuelled the need for positive impact. Whilst many of the cases may justify the imposition of an order, not all of them will and there are arguments that can be presented to avoid a ban being imposed. At CJS Defence Ltd we have had recent experience of successfully defending a fan against the imposition of a ban, even though he was seen on CCTV fighting with another fan inside the stadium. If you are facing court and the possibility of a Football Banning Order please contact Chris Stevens on 07773368713 or chris@cjsdefence.co.uk to see if it can be avoided.

Chris Stevens represented a young man who had been arrested in 2020 for an allegation of affray. He was only 15 years old at the time and following his interview was released under investigation. It was only two years later and a few days after he turned 18 that Chris's client heard from the police that he had been charged with affray. At this stage he instructed CJS Defence to represent him. Having considered the chronology, there was an argument that the conduct of the CPS amounted to an abuse of process. The CPS had effectively ignored their own guidance on prosecuting youths and the updated guidance implemented to take into consideration the impact of COVID-19. The latter made clear that despite the pandemic there should not be any delay in the prosecution of youths. Chris prepared detailed representations concerning the failures in respect of his client’s case and that the conduct of the CPS deprived his client of being dealt with as a youth. There was also an argument that there was no public interest in prosecuting the young man who had no previous convictions and had established a good career path and was no longer associated with negative influences. Having considered the representations the CPS agreed to withdraw the prosecution. Our client was very pleased with the outcome and to be able to move on from the uncertainty of the last two years.

CJS Defence were pleased to be able to secure the discharge of their client concerning an arrest warrant issued by the Judicial Authority of Poland for two drug related offences (possession with intent to supply and cultivation of cannabis) from 2014. Our client was accused of both offences but the arrest warrant was not issued until 2020. The JA accepted that he was not a fugitive and had not been interviewed about either offence. He came to the UK in 2015 and turned his life around, meeting his fiancee and becoming father to her childen, as well as having a child with his fiancee. Chris Stevens conducted the preparation or the case and was the advocate in court. He successfully argued that given the passage of time that had passed it would be unfair and oppressive to extradite. One of his stepchildren suffered with sever autism and had already suffered separation from his biological father, who had left the family when he was very young and with whom he had not had any contact. Our client had become a rock for the family and a stable presence for all the children. District Judge Godfrey heard how the child with autism would suffer regression from the progress already made. This was an important outcome for the whole family and our client was extremely happy with the result. He can go back to his work and family knowing that he can continue to support them physically and mentally.

Bank Transfer Fraud on the rise according to an article in The Times 22 October 2021 and banks are calling for tougher sentences to deal with money mules and those convicted of money laundering. Contact CJS Defence if you have any concerns that you might have been involved and need legal representation.

The case of Harry Dunn saw a significant development for the family with the conclusion of civil proceedings in the USA. Now that this has concluded focus turns to the battle to have the case finally heard in the criminal courts. In December 2020, the Crown Prosecution Service authorised Northamptonshire Police to charge Mrs Sacoolas with causing death by dangerous driving. The subsequent request by the UK for her extradition was rejected by the US government. Despite these setbacks the UK are continuing to push for her return to face trial for the offence. Further information on this story can be found here . The extradition arrangements between the UK and the US have come under increasing scrutiny in this case and others due to the perceived imbalance of the arrangements. The high profile case of Julian Assange, currently at the appeal stage, and the evolving situation involving Prince Andrew will make the subject of our extradition arrangements of much interest over the coming months. CJS Defence have experience of successfully resisting US extradition requests. If you or a family member are facing, or believe you may face a request from the US in the future, please contact us on 07773 368713 or chris@cjsdefence.co.uk