Court Report: Malcolm Hawkes in Double-Jeopardy Extradition Win

Updated: Aug 7, 2019

Senior District Judge discharged a US Extradition request on the grounds of double-jeopardy



Malcolm Hawkes

Judge Howard Riddle, Senior District Judge (Chief Magistrate) at Westminster Magistrates' Court in the City of London discharged a US extradition request on the grounds of double-jeopardy Tuesday 18 June 2013.


Malcolm Hawkes, a Barrister at Doughty Street Chambers, argued against the US request for extradition. Hawkes was instructed by Ms Jenny Winters, a solicitor with Birds Solicitors in London.


The requested person, an American citizen, who has lived in the UK since 1989, had already been prosecuted in the United Kingdom in April 2010 for his possession and use of a fraudulent US passport, which formed the basis of the US charges.


Despite a number of other grounds upon which Judge Riddle could have relied upon in order to deny the extradition request, the Chief Magistrate chose to reject the request on grounds of double jeopardy and he immediately released the requested person.


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Malcolm Hawkes is a renowned and highly-experienced extradition specialist, with Doughty Street Chambers, who acts in complex and grave matters such as terrorism, murder and serious sexual offences. He has advised and acted in extradition cases from over 40 countries. Malcolm has particular experience with US and Russian extradition requests; he defended in the first US case involving a suspected member of Al Qaeda in the Arabian Peninsula.


Jenny Winter is a solicitor with the firm of Birds Solicitors who qualified in 2004. She was previously at Bindman & Partners and Moss & Co. She was a police station accredited representative before qualifying as a solicitor. She is a duty solicitor and regularly attends the police station. She also appears almost daily in the Magistrates Court and runs a caseload involving cases at all levels of seriousness in both the Magistrates and the Crown Court.