Laura Herbert, instructed by Magdalena Motyl of Bark & Co solicitors, represented a victim of modern day slavery, who gave evidence which helped successfully convict his traffickers, in Extradition proceedings. She asserted that the District Judge at Westminster was wrong to find the Appellant a ‘fugitive’ when he was a victim of human trafficking from Poland to England because a victim of such an act cannot properly ‘consent’ to their own trafficking. She argued that the Appellant should have been allowed to rely on the bar to extradition of ‘passage of time’ and that extradition in the clients circumstances was ‘oppressive’ under s.14 of the Extradition Act 2003.
It was accepted by the Court, following evidence from a psychologist, that the client was suffering from a mental health condition as a result of the trauma caused by his recruitment into modern day slavery and he had be re-traumatised by the extradition process. Miss Herbert argued that this condition meant that the Appellant’s right to private and family life under Article 8 ECHR would be breached should he be returned.
A Panorama story about the original human trafficking case can be found here.