"Mark is the go-to silk for extradition. He has an encyclopaedic knowledge of domestic and European extradition law, he works ferociously hard, and he has the ear of judges at all levels."
Mark is an experienced criminal trial lawyer and one of the country’s leading international criminal law specialists.
Mark is recognised as one of the country’s foremost extradition lawyers. He is regularly instructed to advise and appear on behalf of individuals and foreign governments in proceedings in the United Kingdom and abroad. He was previously Chair of the Extradition Lawyers’ Association.
His caseload has included ● UK v Anne Sacoolas ● Elgizouli v Secretary of State ● Spain v Rwandan intelligence chief, General Karenzi Karake ● Julian Assange ● South Africa v Shrien Dewani ● the attempted Regicide of the King of Spain ● the Madrid train bombings ● the 9/11 attacks ● the 2001 US anthrax bio-terrorism attacks ● the murder of Theo van Gogh ● the creation of the ‘Trojan Horse’ commercial espionage computer virus ● hacking into the Pentagon and Pearl Harbour and NASA computer networks ● the sale of decommissioned radioactive metals ● KGB espionage in the former Soviet bloc ● treason ● impairing the battle-readiness of the US Atlantic fleet ● defendants on the FBI’s “10 most wanted” list.
Extradition – fraud – judicial independence – right to fair trial – right to liberty and security – standard of proof to be applied to historic violations in conviction cases
Mutual legal assistance – provision of evidence to foreign criminal investigation – facilitation of death penalty – no duty to obtain assurances – prerogative powers – power to develop the common law in line with ECHR – data protection – transfer of personal data to third countries.
Extradition – convicted in absence but having unqualified right to retrial if extradited – whether extradition to be sought as accused or convicted person – whether ‘passage of time’ bar to be determined by reference to passage of time since commission of offences or conviction
Extradition – validity – whether details of arrest warrants or judicial decisions issued to secure surrender to custody to enforce sentence required to be included in EAW – meaning of “warrant” – scope of application of s.2(6)(c) – whether extraneous materials available to defence or prosecution to show or cure invalidity – EU principle of conforming interpretation now applicable to extradition proceedings.
European arrest warrants – status of designation under Article 6(3) Framework Decision – status of SOCA certification – section 2(7) – meaning of “arrest warrant” in section 2(7) – state practice – Article 31(3) Vienna Convention – not applicable to secondary EU legislation – meaning of judicial authority – Ministries of Justice.
Extradition of primary carer or both parents of dependent children – conflicting public interests – best interests of children – UNCRC – Charter of Fundamental Rights – modification of Norris principles – correct approach to Article 8 ECHR – appropriate procedure to be adopted in Article 8 cases.
European Arrest Warrants – meaning of judicial authority – public prosecutors – Article 5.1(c) ECHR – status of instruments enacted under Title VI TEU in English law – status of Article 34 TEU / Pupino obligation of conforming interpretation in English law – European Communities Act 1972 – European Union (Amendment) Act 2008 – Lisbon treaty – Protocol 36 – status of unincorporated treaties – proportionality.
Extradition – impact of deliberate flight from justice on passage of time.
Extradition – contumacious convictions.
Extradition – abuse of process – hacking into the Pentagon, Pearl Harbour and NASA computer networks.
Extradition – Madrid train bombings – European Arrest warrant – validity – Framework Decision – construction – duty of national courts – Article 34 EU
Extradition – violation of the international law rule of specialty capable of breaching Article 5.1 ECHR – default term of imprisonment made pursuant to a confiscation order – not involving the bringing of a new criminal charge.
Extradition – Article 3 ECHR – sentence of life imprisonment without possibility of parole – modification of Soering principles – grossly disproportionate sentences.
Extradition – whether 2003 Act contains jurisdiction to cross-appeal – appropriate procedure following remittal
Extradition requests issued by police – scope of s70 in cases of ad hoc arrangements – difference between making and transmitting requests – status of Note Verbale issued by Embassy, rather than by recognised and identified diplomat – whether from representative of Head of State for purposes of extradition request – general approach to interpretation of extradition statutes
Fraud – extensions of time under s.99 of the Extradition Act 2003 for the secretary of state to decide whether to order extradition – applicable standard of review
Mental condition – risk of suicide – assurances adduced for the first time on appeal – whether court entitled to take into account late offer of assurances
Extradition – identification – fresh evidence – Interpol
Extradition – fraud – judicial independence – right to fair trial – right to liberty and security – test to be applied in conviction cases
Extradition – powers of judge at extradition hearing following remittal by the High Court – no subsequent right of appeal against remitted decision – appropriate mechanism is application to reopen original High Court decision.
Extradition – post-surrender time limits – administrative error – EU law compatibility of UK case law concerning reasonable cause – whether habeas corpus limited to errors on the face of the order
Extradition – prison conditions – scope of required inquiry – approach to assurances – approach to fresh evidence on appeal
Extradition – Russian assurances – whether reliable – non-disclosure
Extradition – Forum – interaction with mental health grounds
Extradition – expiry of surrender time limits – whether statutory right to apply to discharge under s36(8) capable of being circumvented by ex parte application for extension of time under s.36(3)(b)
Extradition – forum – relevance of likelihood of no UK prosecution in the event of extradition being refused
Extradition – systemic breakdown in the rule of law and judicial independence in the requesting state – effect on extraditions to Poland
Extradition – prison conditions – onus on state with systemic problems to evidence meaningful change – continued requirement for assurances
Extradition – convictions in absentia – accusation warrant continued to be valid notwithstanding conviction – pending appellate re-examination of facts.
Extradition – obligations owed by transferring states to persons unfit to plea.
Extradition – partial surrender – mechanism in place in Poland to give effect to specialty.
Extradition – time for surrender – whether domestic charge disposed of – outstanding appeal against conviction.
Extradition – money laundering – extraterritorial jurisdiction.
Extradition – abuse of process – defendant a refugee fleeing persecution from Spain – Refugee Convention, Article 31 – immunity from prosecution – no foreign application – no defence to extradition.
Extradition – guideline authority on s12A bar – decision to charge and try – whether mutual legal assistance relevant – previous case law wrongly decided.
Extradition – previous discharge on same EAW in Scotland – res Judicata – issue estoppel – do not apply to extradition proceedings.
EU law – extradition – service of notice of appeal out of time – application to extend time – available only to UK nationals – Pomiechowski – whether rule breaches Article 6 ECHR – extradition does not determine any civil right or criminal charge – whether rule violates Article 14 ECHR – whether rule breaches EU law – Article 18 TFEU – discrimination – appeal rights not derived from EU law – Articles 47 & 51 EU Charter – status in Title VI TEU criminal extradition proceedings – Assange – effects of Lisbon amendments – Protocol 36.
Extradition – the “Flash Crash” – dual criminality – fraud by false representation – market manipulation – misleading impressions – misleading statements.
Extradition – general guidance on application of the bar to extradition under s.19B – forum.
Extradition – Article 3 ECHR – Romanian prison conditions – overcrowding – whether Strasbourg case law mandates inflexible minimum required space – diplomatic assurances.
Extradition – guidance on application of the bar to extradition under s.12A – absence of “prosecution decision” in requesting state to charge or try – requesting state not demonstrating that sole reason for absence of decision was absence of requested person from that state.
Extradition – general guidance on application of the bar to extradition under s.21A – proportionality.
Extradition – habeas corpus – defendant not surrendered within 10 day period after extradition ordered – no reasonable cause for delay – defence application for discharge under s.36(8) circumvented by CPS ex parte application to High Court for extension of period under s.36(3)(b) – not permissible – extension not possible after period expired – previous contrary authority wrongly decided – also arguable that Act does not permit repeat applications for extension.
Extradition – dual criminality – breach of Payment Services Directive – Directive transposed differently in UK – dual criminality not made out on mere basis of failure to comply with national implementing legislation – breach of other Directives not charged in the Requesting State legally irrelevant to dual criminality enquiry – Article 3 ECHR – Italian prison conditions – overcrowding systemic – presumption of Convention compliance displaced – quality of diplomatic assurance.
Extradition – defendant currently unfit to plead and might remain so – whether defendant accused and whether extradition made for the purpose of being prosecuted – extradition unjust or oppressive where risk of indefinite preventative detention in the requesting state.
Extradition – fitness to plead – conflicting evidence – appropriate forum for resolution – application of principles under 1989 Act to different statutory regime under 2003 Act.
Extradition – Article 7 ECHR – after remission earned, Spanish law changed – applied retroactively to defendant – release date recalculated and extended by 5 years – EAW issued to serve additional 5 years – UK court not required to follow ECtHR decision pending appeal to Grand Chamber – flagrancy test applies to Article 7 in extradition context – no flagrant violation to detain person pending outcome of Grand Chamber proceedings – no different result from EU Charter – CJEU decisions concerning the Framework Decision not binding – 2003 Act concerned with the ECHR not Charter.
Extradition Act – Part 1 – time limits – right to representation – present legal aid system unworkable and incompatible with UK international obligations – urgent need for reform – principles to be applied to applications for adjournments in extradition cases – legal aid for medical evidence.
Fraud – undated cheque as security against default on mortgage repayments – whether “representation” capable of including promise of future action – Fraud Act 2006 – fraud by false representation.
Extradition – post-appeal surrender time limits.
Extradition – specialty – committal for default of payment of confiscation order – whether an offence – abuse of process.
Extradition – European Arrest warrants – required particulars of conduct.
Extradition – Enron – the “Natwest three” – abuse of process – forum – allocation of jurisdiction – place of trial – Article 8 ECHR – extradition offence
Extradition – the 9/11 attacks.
Extradition – specialty.
Extradition – requirements for service.
Extradition – oppression – legitimate sense of security.
Extradition – autrefois acquit and double jeopardy – abuse of process.
Extradition – appellate remedies following remittal – availability of judicial review – ouster clauses.
Extradition – Framework Decision – implementing legislation – reciprocity – judicial review of refusal to de-certify category 1 territory.
Extradition – deliberate absention from trial – judicial review of Secretary of State’s certificate of validity.
Extradition – dual criminality – obtaining money transfers by deception.
Extradition – murder – entrapment – admissibility of evidence – application of PACE to extradition proceedings.
A significant part of Mark’s international criminal law practice is centred around fraud and financial crime. He is regularly instructed to prosecute and defend high-profile cross-border complex fraud cases.
His caseload has included ● USA v Michael Lynch (sale of Autonomy to Hewlett Packard) ● Mexico v Tubilla (corruption prosecution of wife of Governor of Varacruz state) ● India v Vijay Mallya (collapse of Kingfisher Airlines) ● USA v Pearse (Mozambique “tuna bond” fraud) ● USA v Sarao (the 2010 “flash crash”) ● USA v Serageldin (Credit Suisse executive prosecuted for his part in the 2008 financial crisis) ● the collapse of Enron (the “NatWest 3”).
Extradition – fraud – judicial independence – right to fair trial – right to liberty and security – standard of proof to be applied to historic violations in conviction cases
Fraud – extensions of time under s.99 of the Extradition Act 2003 for the secretary of state to decide whether to order extradition – applicable standard of review
Extradition – spot-fixing – powers of judge at extradition hearing following remittal by the High Court – no subsequent right of appeal against remitted decision – appropriate mechanism is application to reopen original High Court decision.
Extradition – Russian assurances – whether reliable – non-disclosure
Extradition – Forum – interaction with mental health grounds
Extradition – forum – relevance of likelihood of no UK prosecution in the event of extradition being refused
Extradition – money laundering – extraterritorial jurisdiction.
Extradition – guideline authority on s12A bar – decision to charge and try – whether mutual legal assistance relevant.
Extradition – the “Flash Crash” – dual criminality – fraud by false representation – market manipulation – misleading impressions – misleading statements.
Money laundering – Proceeds of Crime Act 2002 – section 328 – entering into a money laundering arrangement – “criminal property” must already exist at the time the arrangement comes into operation, not when defendant enters into the arrangement – “criminal property” must be derived from separate predicate crime – arrangement may be divisible – arrangement to acquire non-criminal money not within section 328 – but once acquired, continued retention, use or control of the money within section 328 – reasoning also applies to sections 327 and 329
Extradition – dual criminality – breach of Payment Services Directive – Directive transposed differently in UK – dual criminality not made out on mere basis of failure to comply with national implementing legislation – breach of other Directives not charged in the Requesting State legally irrelevant to dual criminality enquiry.
Fraud – undated cheque as security against default on mortgage repayments – whether “representation” capable of including promise of future action – Fraud Act 2006 – fraud by false representation.
Corruption – international cricket – spot-fixing – sentence.
Extradition – specialty – committal for default of payment of confiscation order – whether an offence – abuse of process.
Extradition – European Arrest warrants – required particulars of conduct.
Trinidad & Tobago – Larceny – conversion – private prosecutions – judicial review – sufficiency of evidence.
Extradition – Enron – the “Natwest three” – abuse of process – forum – allocation of jurisdiction – place of trial – Article 8 ECHR – extradition offence
Fraud – obtaining money transfers by deception.
Challenging state investigatory powers lies at the heart of Mark’s work, and he is able to bring to such challenges a breadth of knowledge earned in his vast experience of international investigatory measures. He led, for example, the recent Supreme Court challenge to the use of closed evidence in search warrant applications.
Mutual legal assistance – provision of evidence to foreign criminal investigation – facilitation of death penalty – no duty to obtain assurances – prerogative powers – power to develop the common law in line with ECHR – data protection – transfer of personal data to third countries.
Search warrants – PACE 1984, section 8 – judicial review – CJPA 2001, section 59 — disclosure of Information – PII redactions – disclosed materials not sufficient to establish lawfulness of warrant – PII materials deployed as evidence – closed evidence procedure – Al-Rawi not applicable – no minimum level of disclosure.
Arrest without warrant – to effect prompt investigation – necessity of arrest – imposition of bail conditions or search of property as justification for arrest.
Search warrants – appropriate test for setting aside following material non-disclosure – whether judge might have refused to issue warrant with full information – Tchenguiz overturned.
Mark has represented senior members of both the Bar and Judiciary as defendants in criminal proceedings, including proceedings before the Privy Council. He is particularly experienced in cases concerning complex cross-border and jurisdictional issues, the law of abuse of process, including irregular extradition and breach of specialty.
The broad and varied spectrum of Mark’s criminal trial and advisory work includes ● defending in the Pakistani cricket spot-fixing trial ● death row litigation before the Privy Council ● advising the Public Solicitor of St. Helena & Ascension on the operation of the fair trial provisions of the Islands’ new Constitution ● proceedings concerning the legality of the policing of the Royal Wedding ● advising Libyan nationals concerning allegations of torture and rendition.
Mark has particular experience in anti-terrorism prosecutions. His terrorism trial caseload before the UK courts has recently included ● R v Anjem Choudary ● the 1982 Hyde Park IRA bombing ● Syrian fundraising ● “operation Examine”; terrorist fundraising and suicide plot to attack unknown targets in the UK ● “operation Norbury”; the plot to blow up the London Stock Exchange ● “Operation Overt”; the 2006 Heathrow airline liquid bomb plot ● the 21/7 London bombing attempts ● R v Tsouli (aka “terrorist007” – reputed to be Al-Qaeda’s ”webmaster” and “cyber-Muhajid”) ● the ‘ricin’ conspiracy ● the murder of DC Oake ● the Stansted Airport Afghan Airlines hijacking ● production of chemical weapons.
Mutual legal assistance – provision of evidence to foreign criminal investigation – facilitation of death penalty – no duty to obtain assurances – prerogative powers – power to develop the common law in line with ECHR – data protection – transfer of personal data to third countries.
Death penalty – inadmissible evidence – dock identification – good character directions – proviso – fresh evidence – remittal for reconsideration.
Terrorism – preparatory hearings – jurisdiction to appeal – abuse of process is a ‘question of law’.
Entrapment – burden of proof – difference between English law and Strasbourg jurisprudence.
Terrorism – meaning of inviting support for a proscribed organisation – expression of personal beliefs – invitations to share beliefs – compatibility with Article 10 ECHR.
Terrorism – burden of proof – freedom of expression – jury directions – knowledge.
Terrorism – the 1982 Hyde Park Bombing – proceedings stayed as an abuse of process.
Terrorism – “Operation Overt” – the 2006 Heathrow airline liquid bomb plot – autrefois acquit – publicity – second retrials.
Terrorism – assisting the 21/7 London bombing attempts.
Terrorism – “terrorist007” – cyber-Muhajid.
Terrorism – Wood Green ‘ricin’ poison conspiracy – murder of Special Branch officer DC Oake.
Terrorism – Stansted Afghan Airlines Hijacking – duress of circumstance – necessity.
Breach of the peace – policing of the Royal wedding – whether common law powers of arrest to prevent breach of the peace compatible with Article 5 ECHR.
Money laundering – Proceeds of Crime Act 2002 – section 328 – entering into a money laundering arrangement – “criminal property” must already exist at the time the arrangement comes into operation, not when defendant enters into the arrangement – “criminal property” must be derived from separate predicate crime – arrangement may be divisible – arrangement to acquire non-criminal money not within section 328 – but once acquired, continued retention, use or control of the money within section 328 – reasoning applies to sections 327 and 329 also.
Corruption – international cricket – spot-fixing – sentence.
Trinidad & Tobago – Larceny – conversion – private prosecutions – judicial review – sufficiency of evidence.
Trinidad & Tobago – prosecution of Chief Justice – perverting the course of justice – judicial review of prosecutorial discretion.
Homicide – duty to leave alternative verdicts.
Sentencing – young offenders – gangs – retrials.
Murder – minimum recommended term – use of knives – aggravating features.
Affray – brandishing weapons – requirement for perception of threat.
Sentencing – medical evidence – psychiatric illness – restriction orders.
Sentencing – recividism.
Mark has significant experience in public law human rights challenges in the criminal law context. He is often brought into cases which where the boundaries of criminal law require testing against human rights and ECtHR norms.
Extradition – fraud – judicial independence – right to fair trial – right to liberty and security – standard of proof to be applied to historic violations in conviction cases
Mutual legal assistance – provision of evidence to foreign criminal investigation – facilitation of death penalty – no duty to obtain assurances – prerogative powers – power to develop the common law in line with ECHR – data protection – transfer of personal data to third countries.
Entrapment – burden of proof – difference between English law and Strasbourg jurisprudence.
Terrorism – meaning of inviting support for a proscribed organisation – expression of personal beliefs – invitations to share beliefs – compatibility with Article 10 ECHR.
Search warrants – PACE 1984, section 8 – judicial review – CJPA 2001, section 59 — disclosure of Information – PII redactions – disclosed materials not sufficient to establish lawfulness of warrant – PII materials deployed as evidence – closed evidence procedure – Al-Rawi not applicable – no minimum level of disclosure.
Terrorism – burden of proof – Article 10 ECHR – jury directions – knowledge.
Breach of the peace – policing of the Royal wedding – whether common law powers of arrest to prevent breach of the peace compatible with Article 5 ECHR.
Habeas Corpus – abuse of process – defendant extradited from Spain – extradition conditional on entitlement to retrial – retrial impossible under UK law – UK authorities taking custody of defendant nonetheless and committing to prison to serve sentence – whether abuse doctrine applies to post-conviction State conduct.
Credit for time served in custody abroad pending extradition – unlawfully at large – Prisons Act 1952 – Criminal Justice Act 2003 – non-EU member States.
Nicholas (Mora Oil Ventures Ltd.) v Magistrate Rambachan [2009] UKPC 1, Privy Council
Trinidad & Tobago – Larceny – conversion – private prosecutions – judicial review – sufficiency of evidence.
Trinidad & Tobago – prosecution of Chief Justice – perverting the course of justice – judicial review of prosecutorial discretion.
Parole – judicial review – recall to prison – supervision.
Mark is committed to protecting and respecting your privacy. In order to provide legal services to his clients, including advice and representation services, Mark needs to collect and hold personal data. Mark’s Privacy Notice contains full details of when, why and how he will store and process personal data. To read his Privacy Notice, please click here.
"Mark is astonishingly bright and a highly effective appellate advocate. He is also a joy to work with."
"Thorough, pragmatic and a barrister of great, good judgement."
"Mark has an encyclopaedic knowledge of the law and is such a hard worker, with the result that he knows the papers backwards." "Mark Summers is a technically really brilliant extradition barrister. If you want someone who is going to excavate every detailed point in the case, he is your man." "Mark has deep knowledge and is creative in his arguments." "Mark Summers is an extradition supremo. He is on top of every line and bit of the case, and is utterly outstanding."
"Mark is the go-to silk for extradition. He has an encyclopaedic knowledge of domestic and European extradition law, he works ferociously hard, and he has the ear of judges at all levels."
Short-listed for Crime and Extradition silk of the year
"An elite level performer who is astonishing in court."
"A pre-eminent extradition silk." "He has a very comprehensive knowledge of the law. If you were a foreign state, you would want him representing you in court. He's one of the most powerful prosecutors around."
"He is a brainiac who is fantastic on his feet and fearless in his approach."
"He is a genuine expert in his field and is one of the most knowledgeable silks on the market. He is also a commanding advocate, a pleasure to be led by and a fearsome opponent."
"He is amongst the top names you could ever hope to have in a case. He is really at the top of the tree."
"An exceptionally bright barrister who has loads of experience in the Supreme Court."
"An absolutely outstanding silk whose knowledge and intellectual breadth really set him apart.” “A great scholar and a powerful advocate who is very knowledgeable." "Great in front of a jury, he is extremely talented and prepared to take difficult and novel legal points."
"A powerful and eloquent advocate; he leaves no stone unturned and is on top of every detail."
"An outstanding intellect."
"His attention to detail is just phenomenal. Every single last ounce of the material is dealt with. He is unflappable and is very effective on pre-charge work."
"He brings his vast knowledge of the extradition field and uses it to dazzle judges in a very effective way."
"Extremely knowledgeable, clever and hard-working."
"His advocacy is very enjoyable to watch: he is very careful with the judges and he pushes gently."
"Undoubtedly one of the most impressive extradition silks in the business. His command of domestic and EU extradition law is intimidating."
"An exceptional advocate who is an expert in mutual legal assistance, and represents individuals as well as European and other governments in all manner of extradition cases. He has particular experience of handling US extradition matters. Market sources note: He is fantastic and a go-to extradition silk…Out of all of the younger extradition silks, he is widely regarded as one of the best. He has an encyclopaedic knowledge of case law."
"A brilliant extradition specialist who has a down-to-earth manner that inspires confidence…His performance at substantive hearings is very impressive."
"An extremely knowledgeable and thorough silk who is an expert in mutual legal assistance…He has particular experience of handling US extradition matters…His technical knowledge is phenomenal, and he knows cases not just from this jurisdiction but from all around the world. He has an incredible grasp of detail and enjoys the confidence of all the judges."
"Mark is the go-to silk for extradition. He has an encyclopaedic knowledge of domestic and European extradition law, he works ferociously hard, and he has the ear of judges at all levels."
Legal 500, 2024
Contact Mark: marksummers@matrixlaw.co.uk | +44 (0)20 7404 3447
Contact Mark's Practice Team (Team T): TeamT@matrixlaw.co.uk
Mark is an experienced criminal trial lawyer and one of the country’s leading international criminal law specialists.
Mark is recognised as one of the country’s foremost extradition lawyers. He is regularly instructed to advise and appear on behalf of individuals and foreign governments in proceedings in the United Kingdom and abroad. He was previously Chair of the Extradition Lawyers’ Association.
His caseload has included ● UK v Anne Sacoolas ● Elgizouli v Secretary of State ● Spain v Rwandan intelligence chief, General Karenzi Karake ● Julian Assange ● South Africa v Shrien Dewani ● the attempted Regicide of the King of Spain ● the Madrid train bombings ● the 9/11 attacks ● the 2001 US anthrax bio-terrorism attacks ● the murder of Theo van Gogh ● the creation of the ‘Trojan Horse’ commercial espionage computer virus ● hacking into the Pentagon and Pearl Harbour and NASA computer networks ● the sale of decommissioned radioactive metals ● KGB espionage in the former Soviet bloc ● treason ● impairing the battle-readiness of the US Atlantic fleet ● defendants on the FBI’s “10 most wanted” list.
Extradition – fraud – judicial independence – right to fair trial – right to liberty and security – standard of proof to be applied to historic violations in conviction cases
Mutual legal assistance – provision of evidence to foreign criminal investigation – facilitation of death penalty – no duty to obtain assurances – prerogative powers – power to develop the common law in line with ECHR – data protection – transfer of personal data to third countries.
Extradition – convicted in absence but having unqualified right to retrial if extradited – whether extradition to be sought as accused or convicted person – whether ‘passage of time’ bar to be determined by reference to passage of time since commission of offences or conviction
Extradition – validity – whether details of arrest warrants or judicial decisions issued to secure surrender to custody to enforce sentence required to be included in EAW – meaning of “warrant” – scope of application of s.2(6)(c) – whether extraneous materials available to defence or prosecution to show or cure invalidity – EU principle of conforming interpretation now applicable to extradition proceedings.
European arrest warrants – status of designation under Article 6(3) Framework Decision – status of SOCA certification – section 2(7) – meaning of “arrest warrant” in section 2(7) – state practice – Article 31(3) Vienna Convention – not applicable to secondary EU legislation – meaning of judicial authority – Ministries of Justice.
Extradition of primary carer or both parents of dependent children – conflicting public interests – best interests of children – UNCRC – Charter of Fundamental Rights – modification of Norris principles – correct approach to Article 8 ECHR – appropriate procedure to be adopted in Article 8 cases.
European Arrest Warrants – meaning of judicial authority – public prosecutors – Article 5.1(c) ECHR – status of instruments enacted under Title VI TEU in English law – status of Article 34 TEU / Pupino obligation of conforming interpretation in English law – European Communities Act 1972 – European Union (Amendment) Act 2008 – Lisbon treaty – Protocol 36 – status of unincorporated treaties – proportionality.
Extradition – impact of deliberate flight from justice on passage of time.
Extradition – contumacious convictions.
Extradition – abuse of process – hacking into the Pentagon, Pearl Harbour and NASA computer networks.
Extradition – Madrid train bombings – European Arrest warrant – validity – Framework Decision – construction – duty of national courts – Article 34 EU
Extradition – violation of the international law rule of specialty capable of breaching Article 5.1 ECHR – default term of imprisonment made pursuant to a confiscation order – not involving the bringing of a new criminal charge.
Extradition – Article 3 ECHR – sentence of life imprisonment without possibility of parole – modification of Soering principles – grossly disproportionate sentences.
Extradition – whether 2003 Act contains jurisdiction to cross-appeal – appropriate procedure following remittal
Extradition requests issued by police – scope of s70 in cases of ad hoc arrangements – difference between making and transmitting requests – status of Note Verbale issued by Embassy, rather than by recognised and identified diplomat – whether from representative of Head of State for purposes of extradition request – general approach to interpretation of extradition statutes
Fraud – extensions of time under s.99 of the Extradition Act 2003 for the secretary of state to decide whether to order extradition – applicable standard of review
Mental condition – risk of suicide – assurances adduced for the first time on appeal – whether court entitled to take into account late offer of assurances
Extradition – identification – fresh evidence – Interpol
Extradition – fraud – judicial independence – right to fair trial – right to liberty and security – test to be applied in conviction cases
Extradition – powers of judge at extradition hearing following remittal by the High Court – no subsequent right of appeal against remitted decision – appropriate mechanism is application to reopen original High Court decision.
Extradition – post-surrender time limits – administrative error – EU law compatibility of UK case law concerning reasonable cause – whether habeas corpus limited to errors on the face of the order
Extradition – prison conditions – scope of required inquiry – approach to assurances – approach to fresh evidence on appeal
Extradition – Russian assurances – whether reliable – non-disclosure
Extradition – Forum – interaction with mental health grounds
Extradition – expiry of surrender time limits – whether statutory right to apply to discharge under s36(8) capable of being circumvented by ex parte application for extension of time under s.36(3)(b)
Extradition – forum – relevance of likelihood of no UK prosecution in the event of extradition being refused
Extradition – systemic breakdown in the rule of law and judicial independence in the requesting state – effect on extraditions to Poland
Extradition – prison conditions – onus on state with systemic problems to evidence meaningful change – continued requirement for assurances
Extradition – convictions in absentia – accusation warrant continued to be valid notwithstanding conviction – pending appellate re-examination of facts.
Extradition – obligations owed by transferring states to persons unfit to plea.
Extradition – partial surrender – mechanism in place in Poland to give effect to specialty.
Extradition – time for surrender – whether domestic charge disposed of – outstanding appeal against conviction.
Extradition – money laundering – extraterritorial jurisdiction.
Extradition – abuse of process – defendant a refugee fleeing persecution from Spain – Refugee Convention, Article 31 – immunity from prosecution – no foreign application – no defence to extradition.
Extradition – guideline authority on s12A bar – decision to charge and try – whether mutual legal assistance relevant – previous case law wrongly decided.
Extradition – previous discharge on same EAW in Scotland – res Judicata – issue estoppel – do not apply to extradition proceedings.
EU law – extradition – service of notice of appeal out of time – application to extend time – available only to UK nationals – Pomiechowski – whether rule breaches Article 6 ECHR – extradition does not determine any civil right or criminal charge – whether rule violates Article 14 ECHR – whether rule breaches EU law – Article 18 TFEU – discrimination – appeal rights not derived from EU law – Articles 47 & 51 EU Charter – status in Title VI TEU criminal extradition proceedings – Assange – effects of Lisbon amendments – Protocol 36.
Extradition – the “Flash Crash” – dual criminality – fraud by false representation – market manipulation – misleading impressions – misleading statements.
Extradition – general guidance on application of the bar to extradition under s.19B – forum.
Extradition – Article 3 ECHR – Romanian prison conditions – overcrowding – whether Strasbourg case law mandates inflexible minimum required space – diplomatic assurances.
Extradition – guidance on application of the bar to extradition under s.12A – absence of “prosecution decision” in requesting state to charge or try – requesting state not demonstrating that sole reason for absence of decision was absence of requested person from that state.
Extradition – general guidance on application of the bar to extradition under s.21A – proportionality.
Extradition – habeas corpus – defendant not surrendered within 10 day period after extradition ordered – no reasonable cause for delay – defence application for discharge under s.36(8) circumvented by CPS ex parte application to High Court for extension of period under s.36(3)(b) – not permissible – extension not possible after period expired – previous contrary authority wrongly decided – also arguable that Act does not permit repeat applications for extension.
Extradition – dual criminality – breach of Payment Services Directive – Directive transposed differently in UK – dual criminality not made out on mere basis of failure to comply with national implementing legislation – breach of other Directives not charged in the Requesting State legally irrelevant to dual criminality enquiry – Article 3 ECHR – Italian prison conditions – overcrowding systemic – presumption of Convention compliance displaced – quality of diplomatic assurance.
Extradition – defendant currently unfit to plead and might remain so – whether defendant accused and whether extradition made for the purpose of being prosecuted – extradition unjust or oppressive where risk of indefinite preventative detention in the requesting state.
Extradition – fitness to plead – conflicting evidence – appropriate forum for resolution – application of principles under 1989 Act to different statutory regime under 2003 Act.
Extradition – Article 7 ECHR – after remission earned, Spanish law changed – applied retroactively to defendant – release date recalculated and extended by 5 years – EAW issued to serve additional 5 years – UK court not required to follow ECtHR decision pending appeal to Grand Chamber – flagrancy test applies to Article 7 in extradition context – no flagrant violation to detain person pending outcome of Grand Chamber proceedings – no different result from EU Charter – CJEU decisions concerning the Framework Decision not binding – 2003 Act concerned with the ECHR not Charter.
Extradition Act – Part 1 – time limits – right to representation – present legal aid system unworkable and incompatible with UK international obligations – urgent need for reform – principles to be applied to applications for adjournments in extradition cases – legal aid for medical evidence.
Fraud – undated cheque as security against default on mortgage repayments – whether “representation” capable of including promise of future action – Fraud Act 2006 – fraud by false representation.
Extradition – post-appeal surrender time limits.
Extradition – specialty – committal for default of payment of confiscation order – whether an offence – abuse of process.
Extradition – European Arrest warrants – required particulars of conduct.
Extradition – Enron – the “Natwest three” – abuse of process – forum – allocation of jurisdiction – place of trial – Article 8 ECHR – extradition offence
Extradition – the 9/11 attacks.
Extradition – specialty.
Extradition – requirements for service.
Extradition – oppression – legitimate sense of security.
Extradition – autrefois acquit and double jeopardy – abuse of process.
Extradition – appellate remedies following remittal – availability of judicial review – ouster clauses.
Extradition – Framework Decision – implementing legislation – reciprocity – judicial review of refusal to de-certify category 1 territory.
Extradition – deliberate absention from trial – judicial review of Secretary of State’s certificate of validity.
Extradition – dual criminality – obtaining money transfers by deception.
Extradition – murder – entrapment – admissibility of evidence – application of PACE to extradition proceedings.
A significant part of Mark’s international criminal law practice is centred around fraud and financial crime. He is regularly instructed to prosecute and defend high-profile cross-border complex fraud cases.
His caseload has included ● USA v Michael Lynch (sale of Autonomy to Hewlett Packard) ● Mexico v Tubilla (corruption prosecution of wife of Governor of Varacruz state) ● India v Vijay Mallya (collapse of Kingfisher Airlines) ● USA v Pearse (Mozambique “tuna bond” fraud) ● USA v Sarao (the 2010 “flash crash”) ● USA v Serageldin (Credit Suisse executive prosecuted for his part in the 2008 financial crisis) ● the collapse of Enron (the “NatWest 3”).
Extradition – fraud – judicial independence – right to fair trial – right to liberty and security – standard of proof to be applied to historic violations in conviction cases
Fraud – extensions of time under s.99 of the Extradition Act 2003 for the secretary of state to decide whether to order extradition – applicable standard of review
Extradition – spot-fixing – powers of judge at extradition hearing following remittal by the High Court – no subsequent right of appeal against remitted decision – appropriate mechanism is application to reopen original High Court decision.
Extradition – Russian assurances – whether reliable – non-disclosure
Extradition – Forum – interaction with mental health grounds
Extradition – forum – relevance of likelihood of no UK prosecution in the event of extradition being refused
Extradition – money laundering – extraterritorial jurisdiction.
Extradition – guideline authority on s12A bar – decision to charge and try – whether mutual legal assistance relevant.
Extradition – the “Flash Crash” – dual criminality – fraud by false representation – market manipulation – misleading impressions – misleading statements.
Money laundering – Proceeds of Crime Act 2002 – section 328 – entering into a money laundering arrangement – “criminal property” must already exist at the time the arrangement comes into operation, not when defendant enters into the arrangement – “criminal property” must be derived from separate predicate crime – arrangement may be divisible – arrangement to acquire non-criminal money not within section 328 – but once acquired, continued retention, use or control of the money within section 328 – reasoning also applies to sections 327 and 329
Extradition – dual criminality – breach of Payment Services Directive – Directive transposed differently in UK – dual criminality not made out on mere basis of failure to comply with national implementing legislation – breach of other Directives not charged in the Requesting State legally irrelevant to dual criminality enquiry.
Fraud – undated cheque as security against default on mortgage repayments – whether “representation” capable of including promise of future action – Fraud Act 2006 – fraud by false representation.
Corruption – international cricket – spot-fixing – sentence.
Extradition – specialty – committal for default of payment of confiscation order – whether an offence – abuse of process.
Extradition – European Arrest warrants – required particulars of conduct.
Trinidad & Tobago – Larceny – conversion – private prosecutions – judicial review – sufficiency of evidence.
Extradition – Enron – the “Natwest three” – abuse of process – forum – allocation of jurisdiction – place of trial – Article 8 ECHR – extradition offence
Fraud – obtaining money transfers by deception.
Challenging state investigatory powers lies at the heart of Mark’s work, and he is able to bring to such challenges a breadth of knowledge earned in his vast experience of international investigatory measures. He led, for example, the recent Supreme Court challenge to the use of closed evidence in search warrant applications.
Mutual legal assistance – provision of evidence to foreign criminal investigation – facilitation of death penalty – no duty to obtain assurances – prerogative powers – power to develop the common law in line with ECHR – data protection – transfer of personal data to third countries.
Search warrants – PACE 1984, section 8 – judicial review – CJPA 2001, section 59 — disclosure of Information – PII redactions – disclosed materials not sufficient to establish lawfulness of warrant – PII materials deployed as evidence – closed evidence procedure – Al-Rawi not applicable – no minimum level of disclosure.
Arrest without warrant – to effect prompt investigation – necessity of arrest – imposition of bail conditions or search of property as justification for arrest.
Search warrants – appropriate test for setting aside following material non-disclosure – whether judge might have refused to issue warrant with full information – Tchenguiz overturned.
Mark has represented senior members of both the Bar and Judiciary as defendants in criminal proceedings, including proceedings before the Privy Council. He is particularly experienced in cases concerning complex cross-border and jurisdictional issues, the law of abuse of process, including irregular extradition and breach of specialty.
The broad and varied spectrum of Mark’s criminal trial and advisory work includes ● defending in the Pakistani cricket spot-fixing trial ● death row litigation before the Privy Council ● advising the Public Solicitor of St. Helena & Ascension on the operation of the fair trial provisions of the Islands’ new Constitution ● proceedings concerning the legality of the policing of the Royal Wedding ● advising Libyan nationals concerning allegations of torture and rendition.
Mark has particular experience in anti-terrorism prosecutions. His terrorism trial caseload before the UK courts has recently included ● R v Anjem Choudary ● the 1982 Hyde Park IRA bombing ● Syrian fundraising ● “operation Examine”; terrorist fundraising and suicide plot to attack unknown targets in the UK ● “operation Norbury”; the plot to blow up the London Stock Exchange ● “Operation Overt”; the 2006 Heathrow airline liquid bomb plot ● the 21/7 London bombing attempts ● R v Tsouli (aka “terrorist007” – reputed to be Al-Qaeda’s ”webmaster” and “cyber-Muhajid”) ● the ‘ricin’ conspiracy ● the murder of DC Oake ● the Stansted Airport Afghan Airlines hijacking ● production of chemical weapons.
Mutual legal assistance – provision of evidence to foreign criminal investigation – facilitation of death penalty – no duty to obtain assurances – prerogative powers – power to develop the common law in line with ECHR – data protection – transfer of personal data to third countries.
Death penalty – inadmissible evidence – dock identification – good character directions – proviso – fresh evidence – remittal for reconsideration.
Terrorism – preparatory hearings – jurisdiction to appeal – abuse of process is a ‘question of law’.
Entrapment – burden of proof – difference between English law and Strasbourg jurisprudence.
Terrorism – meaning of inviting support for a proscribed organisation – expression of personal beliefs – invitations to share beliefs – compatibility with Article 10 ECHR.
Terrorism – burden of proof – freedom of expression – jury directions – knowledge.
Terrorism – the 1982 Hyde Park Bombing – proceedings stayed as an abuse of process.
Terrorism – “Operation Overt” – the 2006 Heathrow airline liquid bomb plot – autrefois acquit – publicity – second retrials.
Terrorism – assisting the 21/7 London bombing attempts.
Terrorism – “terrorist007” – cyber-Muhajid.
Terrorism – Wood Green ‘ricin’ poison conspiracy – murder of Special Branch officer DC Oake.
Terrorism – Stansted Afghan Airlines Hijacking – duress of circumstance – necessity.
Breach of the peace – policing of the Royal wedding – whether common law powers of arrest to prevent breach of the peace compatible with Article 5 ECHR.
Money laundering – Proceeds of Crime Act 2002 – section 328 – entering into a money laundering arrangement – “criminal property” must already exist at the time the arrangement comes into operation, not when defendant enters into the arrangement – “criminal property” must be derived from separate predicate crime – arrangement may be divisible – arrangement to acquire non-criminal money not within section 328 – but once acquired, continued retention, use or control of the money within section 328 – reasoning applies to sections 327 and 329 also.
Corruption – international cricket – spot-fixing – sentence.
Trinidad & Tobago – Larceny – conversion – private prosecutions – judicial review – sufficiency of evidence.
Trinidad & Tobago – prosecution of Chief Justice – perverting the course of justice – judicial review of prosecutorial discretion.
Homicide – duty to leave alternative verdicts.
Sentencing – young offenders – gangs – retrials.
Murder – minimum recommended term – use of knives – aggravating features.
Affray – brandishing weapons – requirement for perception of threat.
Sentencing – medical evidence – psychiatric illness – restriction orders.
Sentencing – recividism.
Mark has significant experience in public law human rights challenges in the criminal law context. He is often brought into cases which where the boundaries of criminal law require testing against human rights and ECtHR norms.
Extradition – fraud – judicial independence – right to fair trial – right to liberty and security – standard of proof to be applied to historic violations in conviction cases
Mutual legal assistance – provision of evidence to foreign criminal investigation – facilitation of death penalty – no duty to obtain assurances – prerogative powers – power to develop the common law in line with ECHR – data protection – transfer of personal data to third countries.
Entrapment – burden of proof – difference between English law and Strasbourg jurisprudence.
Terrorism – meaning of inviting support for a proscribed organisation – expression of personal beliefs – invitations to share beliefs – compatibility with Article 10 ECHR.
Search warrants – PACE 1984, section 8 – judicial review – CJPA 2001, section 59 — disclosure of Information – PII redactions – disclosed materials not sufficient to establish lawfulness of warrant – PII materials deployed as evidence – closed evidence procedure – Al-Rawi not applicable – no minimum level of disclosure.
Terrorism – burden of proof – Article 10 ECHR – jury directions – knowledge.
Breach of the peace – policing of the Royal wedding – whether common law powers of arrest to prevent breach of the peace compatible with Article 5 ECHR.
Habeas Corpus – abuse of process – defendant extradited from Spain – extradition conditional on entitlement to retrial – retrial impossible under UK law – UK authorities taking custody of defendant nonetheless and committing to prison to serve sentence – whether abuse doctrine applies to post-conviction State conduct.
Credit for time served in custody abroad pending extradition – unlawfully at large – Prisons Act 1952 – Criminal Justice Act 2003 – non-EU member States.
Nicholas (Mora Oil Ventures Ltd.) v Magistrate Rambachan [2009] UKPC 1, Privy Council
Trinidad & Tobago – Larceny – conversion – private prosecutions – judicial review – sufficiency of evidence.
Trinidad & Tobago – prosecution of Chief Justice – perverting the course of justice – judicial review of prosecutorial discretion.
Parole – judicial review – recall to prison – supervision.
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"Mark is astonishingly bright and a highly effective appellate advocate. He is also a joy to work with."
"Thorough, pragmatic and a barrister of great, good judgement."
"Mark has an encyclopaedic knowledge of the law and is such a hard worker, with the result that he knows the papers backwards." "Mark Summers is a technically really brilliant extradition barrister. If you want someone who is going to excavate every detailed point in the case, he is your man." "Mark has deep knowledge and is creative in his arguments." "Mark Summers is an extradition supremo. He is on top of every line and bit of the case, and is utterly outstanding."
"Mark is the go-to silk for extradition. He has an encyclopaedic knowledge of domestic and European extradition law, he works ferociously hard, and he has the ear of judges at all levels."
Short-listed for Crime and Extradition silk of the year
"An elite level performer who is astonishing in court."
"A pre-eminent extradition silk." "He has a very comprehensive knowledge of the law. If you were a foreign state, you would want him representing you in court. He's one of the most powerful prosecutors around."
"He is a brainiac who is fantastic on his feet and fearless in his approach."
"He is a genuine expert in his field and is one of the most knowledgeable silks on the market. He is also a commanding advocate, a pleasure to be led by and a fearsome opponent."
"He is amongst the top names you could ever hope to have in a case. He is really at the top of the tree."
"An exceptionally bright barrister who has loads of experience in the Supreme Court."
"An absolutely outstanding silk whose knowledge and intellectual breadth really set him apart.” “A great scholar and a powerful advocate who is very knowledgeable." "Great in front of a jury, he is extremely talented and prepared to take difficult and novel legal points."
"A powerful and eloquent advocate; he leaves no stone unturned and is on top of every detail."
"An outstanding intellect."
"His attention to detail is just phenomenal. Every single last ounce of the material is dealt with. He is unflappable and is very effective on pre-charge work."
"He brings his vast knowledge of the extradition field and uses it to dazzle judges in a very effective way."
"Extremely knowledgeable, clever and hard-working."
"His advocacy is very enjoyable to watch: he is very careful with the judges and he pushes gently."
"Undoubtedly one of the most impressive extradition silks in the business. His command of domestic and EU extradition law is intimidating."
"An exceptional advocate who is an expert in mutual legal assistance, and represents individuals as well as European and other governments in all manner of extradition cases. He has particular experience of handling US extradition matters. Market sources note: He is fantastic and a go-to extradition silk…Out of all of the younger extradition silks, he is widely regarded as one of the best. He has an encyclopaedic knowledge of case law."
"A brilliant extradition specialist who has a down-to-earth manner that inspires confidence…His performance at substantive hearings is very impressive."
"An extremely knowledgeable and thorough silk who is an expert in mutual legal assistance…He has particular experience of handling US extradition matters…His technical knowledge is phenomenal, and he knows cases not just from this jurisdiction but from all around the world. He has an incredible grasp of detail and enjoys the confidence of all the judges."