Harry Dunn: Civil case concluded but criminal case continues
Chris Stevens • 21 September 2021
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
If you have been arrested or charged (or think that you may be a suspect), following the recent disturbances across England and Wales please contact CJS Defence Ltd for assistance. We have experience of dealing with such cases following the 'London 2011 Riots' where arrests and prosecutions took place in the immediate aftermath of large scale disturbances. Whether you are facing public order charges such as affray, rioting or threatening behaviour, assault against the person (common assault, ABH, GBH), racially aggravated offences, theft / burglary, communications offences or anything else connected to the current situation, CJS Defence Ltd has the experience to assist you. We know that facing such accusations may have a detrimental impact on your work and home life and here to provide fair representation. Please contact Chris on 077733 68713 or chris@cjsdefence.co.uk.
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.
