Charlotte Powell

Year of Call: 2005

Specialist practice areas: Serious Crime, Regulation/Compliance, Extradition, Prison Law

Charlotte Powell specialies in trial advocacy, extradition law and human rights. Her comprehensive experience in the Crown Court, and on appeal, includes defending charges of sexual assault, burglary, grievous bodily harm and possession of Class A drugs with intent to supply; she advises on all criminal matters.

Combining extradition and criminal law, she regularly represents people who are extradited to the United Kingdom from abroad to stand trial. She also offers pre-extradition and pre-trial advice before return. Her careful analysis of the extradition process and potential abuses has secured the dismissal of cases in the Crown Court.

She is regularly instructed to advise and represent foreign judicial authorities, governments and requested persons in High Court extradition appeal cases. She successfully applied for a point of law of general public importance to be certified in Zakowski v The Regional Court in Szczecin, Poland [2008] EWHC 1389 (Admin). Other novel legal issues in on-going cases include whether un-revoked refugee status operates as a bar to extradition (The District Court of Ostroleka v D & D, led by Clare Montgomery QC) and the extent to which the decline in a person's health, post extradition order, ought to result in the re-opening of an appeal/habeas corpus application (Taylor v The United States of America, led by Ed Fitzgerald QC).

Contested extradition cases have included allegations of terrorist offences and convictions for murder, large-scale fraud and violent crime, and have involved arguments on jurisdiction and the validity of European Arrest Warrants, as well as the compatibility of extradition with the Human Rights Act 1998. During an eight month secondment to the Special Crime Division of the CPS Charlotte advised on and drafted requests for the extradition of persons from foreign States, including Singapore, the United Arab Emirates, New Zealand, South Africa, Mexico and European Arrest Warrant territories, on behalf of the UK Government.

She has also recently represented Claimants at their civil trial, resulting in an award of over £16,000 for loss caused by an estate agent's contractual negligent misrepresentation.

Charlotte is a dual-qualified English Barrister and US Attorney-At-Law, with a Maîtrise in French Law (Université Paris I, Panthéon-Sorbonne) and a member of the Criminal Bar Association, the South Eastern Circuit, the New York State Bar Association and the Association des Juristes de Paris de Panthéon-Sorbonne et de King's College London. She is appointed to the Bar Council remuneration committee.

Extradition Lawyers' Association

Charlotte is the Founding Member and Chairman of the Extradition Lawyers' Association (www.extradition-lawyers.com).

The Association is a growing international forum, with members in the UK and abroad, providing information and services to extradition lawyers. The next Annual Conference 2009 will be held on 4th November 2009 at Inner Temple, London.

Publications and acknowledgements

  • Acknowledged in the European Criminal Bar Association publication "The EAW in Practice" by Professor Nash (Head of Department of Postgraduate Legal Studies, University of Westminster) and Adam Lazowski (Senior lecturer in Law, University of Westminster) (publication pending).
  • Designer of "The Practical Guide to First Apperances Workshop" (2 CPD), delivered on 4th August 2008 and monthly thereafter.
  • Author of paper entitled “Extradition Act 2003: Principles and Procedures”. Speech delivered in July 2007 at the City of Westminster Magistrate Court Lecture Theatre for the benefit of solicitors and members of the Bar seeking to gain a general understanding of the key stages in initial and extradition hearings.
  • Acknowledged in “International Criminal Law: Practice and Procedure” (2nd edition) co-authored by Clive Nicholls QC, Clare Montgomery QC and Julian B. Knowles (2007, Sweet and Maxwell Publication, p.vii).
  • Co-author with James Lewis QC of a Criminal Bar Association response to the draft framework decision on the taking into account of previous convictions from Member States in domestic proceedings (November 2005).
  • Acknowledged in “European Arrest Warrant, A solution ahead of its time?” by Leaf M. and Alegre S. (2003, Justice Publication, p. 5).