James Stansfeld

“Praised by sources for his advocacy skills”

“Very, very bright and academically very impressive”

“He has great drafting skills, is extremely good at the technical aspects of the law, and is good at communicating complex problems in a very clear way”
(Chambers & Partners, 2017)

James specialises in extradition, public and criminal law. In extradition he has appeared as junior in two cases before the Supreme Court and regularly appears before the Divisional and Administrative Courts. He is a member of the Attorney General’s Civil/Public Law C Panel. James is instructed as junior in several sensitive and complex cases in inquest, judicial review and immigration proceedings.

Extradition law

James is an experienced extradition practitioner. He acts for both requested persons and requesting States in Part 1 and Part 2 cases. James often acts in some of the most complex cases and has appeared as junior in two cases before the Supreme Court and frequently appears before the Administrative Court and has been instructed to act alone against leading counsel. He has particular expertise in arguments regarding the validity of requests and has often been successful in cases in which there has been considerable delay. He has acted in the majority of the lead cases on prison conditions in Part 1 territories, including Lithuania, Romania, Hungary and Greece. James also acted in the first Divisional Court decision that considered the new bar under s.12A of the Act. James has significant expertise in Part 2 requests, having appeared for the Albanian and Norwegian Governments and represented individuals sought by countries including the United States, Turkey and the Ukraine.

James is always available to advise the merits of an appeal against an order for extradition and on challenges to Interpol Red Notices.

Notable cases

Supreme Court

Goluchowski & Sas v Poland [2016] 1 WLR 2665 – Instructed by Lawrence & Co, James acted for Mr Goluchowski and was led by Clare Montgomery QC in this challenge to extradition that examined whether section 2(6) requires a conviction EAW to contain details of the domestic warrant and the decision activating any suspended sentence.

Bucnys & Ors v Ministries of Justice of Lithuania & Estonia [2013] 3 WLR 1485 – Led by Julian Knowles QC and Mark Summers in this challenge to whether a Ministry of Justice could be a ‘judicial authority’ for the purposes of s.2 of the Extradition Act 2003.

 

Divisional Court

Marku & Murphy v Greece [2016] EWHC 1801 – James represented the Greek Judicial Authorities in this challenge to the compatibility of extradition with article 3 ECHR with respect to Korydallos Men’s Prison and Nafplio Prison. Mr Marku and Mr Murphy were represented by Edward Fitzgerald QC.

GS & Others v Central District of Pest, Hungary [2016] 4 WLR 33 – James, led by Alex Bailin QC and instructed by Tuckers Solicitors, acted for one for the four Appellants in this lead case which examined the compliance of prisons in Hungary with article 3 ECHR and the assurance provided by the Hungarian authorities to reduce any risk of a violation.

Balaeiharis v Greece [2015] EWHC 3965 – James successfully acted for the Judicial Authority in Greece in this case which examined prison conditions in Korydallos Men’s Prison, the fairness of proceedings and the proportionality of the sentence imposed.

Blaj, Roman & Trebuian v Romania [2015] EWHC 1710 – James acted for Mr Roman, instructed by Tuckers Solicitors in this challenge to the compatibility of extradition to Romania with article 3 ECHR. This was the lead decision which examined the generic assurance provided to all requested persons by Romania. Mark Summers QC appeared for Romania.

Kandola v Germany [2015] 1 WLR 5097 – James, led by Mark Summers QC and instructed by Tuckers Solicitors, acted for Mr Kandola in this lead case on the bar to extradition under s.12A. This was the first Divisional Court decision on the interpretation and approach to take under s.12A of the Extradition Act 2003.

Ilia v Greece [2015] EWHC 547 & [2014] EWHC 2372 – James successfully represented the Greek Judicial Authorities in seeking the extradition of Ms Ilia, a former judge in Greece, on charges of bribery and corruption.

Aleksynas & Others v Lithuania [2014] EWHC 437 – Seven cases were joined in this challenge to the prison conditions within the penitentiary system in Lithuania. The case involved examination of assurances given by foreign States and abuse of process arguments. James, led by Alun Jones QC, successfully represented the Lithuanian authorities.

Brodziak, Madej, Dunec and Marczuk v Poland [2013] EWHC 3394 (Admin) – Represented Mr Madej led by Paul Garlick QC and instructed by Kaim Todner Solicitors. This case challenged the approach of the Courts when extraditing under aggregate sentences. The arguments advanced by Mr Madej were the lead arguments on the issue.

 

Administrative Court

Hungary v Korycki [June 2016 unreported] – Instructed by Oracle Solicitors, James represented Mr Korycki in this appeal by the Hungarian authorities against an order for his discharge. The appeal was dismissed with the Court upholding the findings that his extradition would be oppressive and a disproportionate interference with his article 8 rights.

France v Charbit [2015] 1 WLR 2341 – Instructed by Lewis Nedas Law James successfully resisted this appeal by the French authorities which considered whether information contained in an annex to the EAW could supplement the EAW for the purposes of s.2 Extradition Act 2003.

Din v Germany [2014] EWHC 1704 (Admin) – Instructed by Lawrence & Co James represented Mr Din in a challenge to his extradition to Germany for allegations of involvement in VAT fraud. The appeal was successful on both challenges under s.2(3) & s.2(4) of the Extradition Act 2003.

Zagul v Poland [2013] EWHC 4177 – Instructed by Lewis Nedas Law James successfully represented the Appellant in her challenge to extradition to serve sentences for offences committed in 1996.

Lettieri v Italy [2013] EWHC 1530 (Admin) – Instructed by Lewis Nedas Law and successfully challenged the request to Mr Lettieri’s extradition to serve a seven year sentence following a conviction in his absence in 1999. The appeal overturned a finding by the District Judge of a fugitive and the appeal was allowed on the ground of oppression.

Benko v Slovakia [2013] EWHC 1745 (Admin) – Instructed by Lawrence & Co. Successful challenge to uncertain and ambiguous particulars in a European arrest warrant.

Public Law & Human Rights

James acts for the Government in cases with national security features. James is acting in TPIM proceedings, judicial reviews against immigration decisions, claims against the Government and inquests. He also acts for the Secretary of State in immigration judicial reviews.

With a criminal background and significant experience in human rights law James is always available to advise on challenges to decisions by public bodies.

Notable Cases

Secretary of State for the Home Department v EB [2016] 1970 (Admin) – Acted for the Secretary of State in EB’s section 9 review and section 16 appeal against his TPIM, led by Andrew Deakin and Lisa Giovanetti QC

R(on the application of Kozlowski) v Serious Organised Crime Agency [2013] EWHC 1741. James was instructed to represent the interested party in this unsuccessful application to judicially review a decision to continue to remove the applicant pursuant to an extradition order.

Criminal law

James has a strong criminal defence practice and has successfully represented defendants charged with a range of serious offences including ABH, supply of class A drugs and robbery. In addition to persuasive jury advocacy James’ ability in analysing the law and the clarity of his argument has often led to cases being discharged or defendants acquitted.

Notable Cases

Court of Appeal

R v Alexander – James was instructed to advise on an out of time appeal against sentence for multiple sexual offences. The appeal was successful in challenging the length of the extended sentence period of eight years.

Crown Court

R v Hekuri – Instructed by Lewis Nedas Law. James represented Mr Hekuri who was acquitted on charges of conspiracy to supply Class A drugs.

 R v K – Instructed by Lewis Nedas Law, Mr K was charged with familial sexual offences. James represented him during a trial in Mr K’s absence. The jury was unable to reach a verdict and the prosecution did not seek a re-trial.

R v Gorman – Instructed by Tony Meisels of Lewis Nedas Law, James represented Mr Gorman at his trial at Blackfriars’ Crown Court. Following successful legal argument Mr Gorman was acquitted.

R v Alom
- Successful defence of a young college student who was charged alongside a friend with ABH after a man was seriously assaulted by a group of individuals in the early hours of the morning in Tottenham Court Road

R v Robertson
- James was involved in this case from the start and he made several legal arguments regarding the Crown’s case at various stages of the proceedings, leading to the Crown having to proceed on the unusual charge of attempted possession with intent to supply Class A drugs. The Crown offered no evidence on the first day of the trial at the Old Bailey

Asset forfeiture & confiscation

James acts for defendants in cash forfeiture proceedings and confiscation proceedings in both the criminal and civil spheres.

 

SC Nicktrans SRL v Director of Border Revenue [2015] UKFTT 177 – Instructed by Lewis Nedas Law James successfully represented Nicktrans SRL in their appeal against the forfeiture of their coach by HMRC.

The Commissioner v Walsh
 James successfully challenged an application by The Commissioner of Police to forfeit £35,000 of Premium Bonds seized under s.294 Proceeds of Crime Act 2002. The Commissioner conceded the legal argument raised by James that Premium Bonds are not cash for the purposes of s.289(6) of the Act.

Appointments

Attorney General’s Panel C – 2014

Crown Prosecution Service Specialist Panel – Extradition

Crown Prosecution Service Panel Advocate Grade 2

Other

Prior to coming to the Bar James undertook work for both Liberty and the Public Law Project. Since commencing practice James has undertaken volunteer work for Fair Trials International.

Professional memberships
  • Human Right’s Lawyer’s Association
  • Extradition Lawyer’s Association
  • Criminal Bar Association

Chambers & Prs: Leading Barrister

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