Alun Jones QC, instructed by Hollingsworth Edwards Solicitors, is successful in Judicial Review proceedings.
Alun represented the claimant, whose extradition is sought for offences of murder and money laundering by Sint Maarten in the Dutch Caribbean. On his application, the Divisional Court has declared that property seized from him on arrest last March was taken unlawfully, and awarded him the return of cash seized, costs and damages. The unlawful search warrant was applied for under PACE and the Crime International Co-operation Act 2003. This judgment now allows for serious legal argument as to whether the seized property can lawfully be returned to Sint Maarten.
Alun’s experience is that 30-40% of search warrants in the UK are issued unlawfully, that Judicial Review is the only way to challenge them and that, in the absence of challenge, property seized by search warrants under PACE and CICA can be sent abroad with no judicial or executive scrutiny.