Extradition to the USA Stopped: George Hepburne Scott Secures Client’s Discharge
Updated: Oct 15
George Hepburne Scott secured the discharge of an Antiguan national facing extradition from the UK to the United States, following sustained defence representations concerning historic allegations and a lengthy delay in pursuing the case.
Extradition to the USA Stopped: George Hepburne Scott Secures Client’s Discharge
On 18 March 2021, George’s client, B.F., was discharged at Westminster Magistrates’ Court after the US authorities confirmed that they were no longer pursuing the case.
The outcome illustrates the importance of investigating the history of an extradition request and combining legal challenges with carefully directed representations to the overseas prosecuting authorities.
US extradition proceedings following arrest at Gatwick
B.F. was arrested at Gatwick Airport on 20 January 2020 following an INTERPOL Red Notice issued at the request of the United States.
The case concerned an allegation of possession of a loaded firearm in New York and an alleged failure to attend a court hearing on 24 January 1991, after B.F. had been granted bail.
Extradition proceedings followed at Westminster Magistrates’ Court.
Examining the delay in the US case
The defence team, led by George, examined the chronology and established that the INTERPOL Red Notice had not been sought until 4 February 2015 - approximately 24 years after the US domestic warrant.
By the time B.F. was discharged in March 2021, approximately 30 years had passed since the missed hearing.
During the intervening years, B.F.’s circumstances had changed substantially. He had led a law-abiding life, including employment as a police officer in Antigua.
These matters provided the foundation for defence arguments concerning the passage of time and the delay in pursuing his return.
Defence representations lead to withdrawal
Alongside preparing the challenge to extradition, the defence made repeated representations to the relevant District Attorney in New York through the Crown Prosecution Service’s International Justice and Organised Crime Division.
Those representations addressed the history of the proceedings, the substantial delay and B.F.’s circumstances.
On 17 March 2021, the US authorities confirmed that they were no longer pursuing the case. B.F. was discharged and released the following day.
The successful outcome followed sustained defence work and engagement with the prosecuting authorities. It did not depend on a contested judicial determination of the passage-of-time objection.
Passage of time in US extradition cases
Extradition requests from the United States are dealt with under Part 2 of the Extradition Act 2003.
Section 82 of the Act provides a safeguard where extradition would be unjust or oppressive by reason of the passage of time.
The age of an allegation does not, by itself, resolve an extradition case. The chronology, reasons for delay and effect on the individual require careful examination.
B.F.’s case demonstrates why effective extradition defence can involve both preparing arguments for the court and presenting evidence-based representations to the authorities responsible for the underlying prosecution.
Specialist experience in complex US extradition defence
George is Head of Extradition at Church Court Chambers, with extensive experience representing individuals in complex and high-profile international extradition proceedings.
His Part 2 practice includes US extradition cases involving serious criminal allegations, jurisdictional questions and human rights challenges. He represents clients at Westminster Magistrates’ Court and in extradition appeals before the High Court.
This case illustrates his experience in examining historic requests, identifying significant weaknesses and pursuing a focused defence strategy.
Facing extradition to the USA?
If you or a family member faces extradition to the United States, specialist advice can help identify the issues requiring investigation and the available grounds of challenge.
Find out more about George Hepburne Scott’s extradition experience, browse recent extradition cases and legal updates, or contact UK Extradition Lawyer.
