Charlotte Powell

Year of Call: 2005

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

Charlotte Powell advises and litigates in Criminal, Public, Extradition and Human Rights Law.

Public Law

Instructed by the Government as part of the defence team in an action claiming damages for alleged complicity in the rendition to and detention in Guantanamo Bay of terrorism suspects.

Criminal Law

Comprehensive experience in the Crown Court, and on appeal, including defending charges of sexual assault, burglary, grievous bodily harm, possession of Class A drugs with intent to supply and armed robbery; she advises on all criminal matters.

Combining extradition and criminal law, Charlotte regularly represents people 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.

Extradition

Regularly instructed to advise and represent foreign judicial authorities, governments and requested persons in High Court extradition appeal cases. 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.

Other

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.

Cases of Interest

  • 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’.

Academic

  • Dual-qualified Barrister and New York Attorney and Counsellor-At-Law
  • LLB English Law and French Law (Hons)
  • Maîtrise in French Law (Université Paris I, Panthéon-Sorbonne)
  • BVC (including marks of ‘Outstanding’ for criminal advocacy), College of Law

Memberships

  • Criminal Bar Association
  • South Eastern Circuit
  • New York State Bar Association
  • Association des Juristes de Paris de Panthéon-Sorbonne et de King's College London
  • Founding Member and Chair of the Extradition Lawyers’ Association
  • 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 2009 Annual Conference was held on 4th November at Inner Temple, London, where Lord Justice Laws gave the keynote speech.

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).