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James Stansfeld
Call: 2008
- Extradition
- Crime
- Public Law
James has recently returned to the Bar after completing a secondment with the Crown Prosecution Service’s Extradition Unit. James has developed a strong criminal and extradition practice, defending and prosecuting in the crown and magistrates’ courts and conducting appeals in the Administrative Court. James is known for his robust and persuasive advocacy and his ability to provide strong and cogent advice. James is also developing a practice in public law. Prior to the Bar James volunteered for several organisations. He worked with the Public Law Project, Liberty and Amnesty International.
Extradition Law
Having spent seven months solely working in extradition law James has a strong expertise in Part 1 warrants and has gained experience in Part 2 requests. Prior to commencing the secondment with the CPS James frequently represented those whose extradition was sought pursuant to European Arrest Warrants and advised on the merits of appeals. James has appeared in the Administrative Court appealing decisions and successfully represented an individual whose extradition was sought pursuant to a conviction in his absence 16 years previously. Following lengthy argument the Divisional Court discharged Mr Kovac
Kazimierczuk v Poland [2011] EWHC 3228
Represented the Respondent in a challenge to the sufficiency of the particulars in the EAW. In dismissing the appeal the Court agreed with the submission that reliance can be placed on the usual definition of a word in order to infer the appropriate mens rea to establish dual criminality.
Jindrich Kovac v The Regional Court in Prague, Czech Republic [2010] EWHC 1959
Successful passage of time argument. Mr Kovac had been convicted of serious offences and sentenced to 9 years imprisonment in his absence 16 years ago. The case is frequently cited for the principle that inactivity by the requesting state can engender a false sense of security.
Michalak v Poland [2010] EWHC 2150 - Read More>
This case was based on technical arguments under s.2 of the Extradition Act 2003. The warrant sought Mr Michalak’s extradition for five offences, including an offence for which he had been acquitted
Crime
James has a strong criminal defence practice. James has successfully represented defendant’s in the crown court charged with a range of serious offences including ABH, supply of class A drugs and robbery. James is also experienced in dealing with young offenders and has represented youths charged with sexual assault, ABH and robbery. In addition to persuasive jury advocacy James’ ability in analysis of the law and the clarity of his argument has often led to cases being discharged or defendants acquitted.
James is also a level two prosecutor and has conducted several jury trials on behalf of the CPS.
R v Gorman
Instructed by Tony Meisels of Messrs Lewis Nedas & Co, James represented Mr Gorman at his trial at Blackfriars’ Crown Court. Following successful legal argument Mr Gorman was acquitted.
The Commissioner v Walsh
James Stansfeld successfully challenges 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 Stansfeld that Premium Bonds are not cash for the purposes of s.289(6) of the Act.
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
R v Miah
Mr Miah was charged with assaulting his wife. The trial involved the cross-examination of child witnesses supporting the Crown’s case. The jury was unable to reach a verdict and the Crown offered no evidence prior to a re-trial.
Public Law
James is also developing a practice in public law. From April until November 2010, James was instructed by the Government as part of the defence team in an action for damages brought by a number of British nationals and residents formerly detained in Guantanamo Bay. James has advised on the lawfulness of police bail and the interference with defendant’s human rights.
Education
University of Sheffield: LLB (Hons) 2.1
Professional Memberships
- Human Right’s Lawyer’s Association
- Extradition Lawyer’s Association
- Criminal Bar Association
- Administrative Law Bar Association
