Charlotte Powell

Year of Call: 2005

Specialist practice areas: Serious Crime, Criminal/Civil Fraud, Serious Sexual Offences, Regulation/Compliance, Extradition, Anti-terrorism, Prison Law, Immigration, Inquests & Public Inquiries

Email: cpowell@furnivallaw.co.uk

  • Marcin Bukowski v Regional Court in Bydgoszcz [2009] EWHC 1283 (Admin); instructed by the requested person - whether the defence of duress can be argued by the defence as rendering absence from a trial abroad “involuntary” - applicable burden and standard of proof.
  • Farnesi v Court of Livorno, Italy [2009] EWHC 1199 (Admin); instructed by the requested person - whether particulars of the European arrest warrant sufficient - whether extradition offence proved to the criminal standard - Article 8 ECHR right to respect for private and family life.
  • Taylor v Governor of Wandsworth Prison [2009] EWHC 1020 (Admin); instructed by the requested person, led by Edward Fitzgerald QC - extradition orders - fresh evidence - reopening appeals - jurisdiction of the High Court - right to be free from torture/inhuman and degrading treatment - right to respect for private and family life.
  • Poland v Dytlow [2009] EWHC 1009 (Admin); instructed by the requested person - led by Clare Montgomery QC - abuse of process - affect of a grant of asylum on the power of a District Judge to order extradition - right to be free from torture/inhuman and degrading treatment - refugee and immigration law.
  • Pietrzak v Poland [2008] EWHC 2138 (Admin); [2009] 1 W.L.R. 866; instructed by the requested person - clerical errors; European arrest warrants - sentence length misstated in the request - whether breach of Article 5(1) and 8 of the ECHR.
  • Zakowski v Regional Court in Szczecin, Poland [2008] EWHC 1389; instructed by the requested person - whether the requested person was entitled to know details confirming the existence of a domestic warrant for his arrest in the requesting State.
  • Kucera v Czech Republic [2008] EWHC 414 (Admin); [2009] 1 W.L.R. 806; [2008] 4 All E.R. 80; instructed by the Special Crime Division - convictions - extradition offences - particulars - applying recent House of Lords Authority of Pilecki - questioning prior High Court authority - right to respect for private and family life - sentence length - totality of sentence.
  • Gercans v Latvia Extradition  [2008] EWHC 884 (Admin); instructed by the Special Crime Division - civil procedure - appeal notices - filing - jurisdiction - service - whether statutory time limits complied with.
  • Harvey v Portugal [2007] EWHC 3282 (Admin); instructed by the Special Crime Division - whether a delay of 17 years issuing the extradition request ought to bar surrender.
  • Krzyzowski v Poland [2007] EWHC 2754 (Admin); instructed by the Special Crime Division - guidance on the burden and standard of proof under section 14 (passage of time bar to extradition) - the need for positive evidence of lack of procedural safeguards to guarantee a fair trial in the requesting State - the extent to which concurrent fault (on the part of the requested person and the requesting State) which causes delay is relevant to the passage of time - questioning prior High Court authority.
  • Watson v Bonheur [2007] EWHC 2975 (Admin); instructed by the Special Crime Division - delay - whether extradition barred by reason of.
  • Gronostajski v Poland [2007] EWHC 3314 (Admin); instructed by the requested person - judicial review - delay bringing the requested person to Court due to mistake of the prison service - whether reasonable cause for delay - District Judge’s decision that the delay bringing a defendant to Court was permissible - whether that decision was ‘unreasonable’.