SMW Secures Recognition of UK Remand Time in Romanian Proceedings

Sonn Macmillan Walker successfully assisted a client in complex extradition-related proceedings, helping to ensure that all relevant time spent on remand in the United Kingdom was properly recognised and deducted from a sentence in Romania.

Our client was initially discharged in extradition proceedings because of an insufficient assurance. The extradition warrant was later reissued, and he subsequently consented to his extradition. During the intervening period, he was serving custodial sentences in the United Kingdom and had reached his release date, making it particularly important to identify precisely which periods counted as remand time in connection with the Romanian proceedings.

We were instructed to ensure that the full period our client spent on remand in the United Kingdom would be properly credited against his Romanian sentence, and to assist in obtaining and forwarding the necessary evidence to his lawyer in Romania, including confirmation of remand periods and custodial sentences served in the UK.

We made detailed representations to the National Crime Agency, specifically asking for confirmation of the dates that had been communicated to the Romanian authorities and stressing that both the original discharged warrant and the reissued warrant needed to be taken into account.  In doing so, it became clear that the National Crime Agency had initially only communicated the remand period relating to the reissued warrant, not having recognised that the period spent on remand under the discharged warrant, concerning the same Romanian sentence, was also relevant and should be communicated.

Following our representations and clarification, the National Crime Agency confirmed that the additional period served under the discharged warrant had been forwarded to the Romanian authorities for consideration. We also liaised with the relevant authorities to obtain documentary evidence concerning the custodial sentences served in the United Kingdom, in case the National Crime Agency’s correspondence was not considered sufficient by the Romanian court.

This led to a successful outcome. The Romanian court took the full remand history into account and deducted all of the time our client had spent on remand awaiting extradition proceedings from his sentence. As a result, he became eligible for parole and was able to apply for release.

This matter highlights the firm’s expertise in complex cross-border criminal matters, particularly where careful analysis of extradition history, remand periods and inter-jurisdictional communication is required to achieve a practical and meaningful result for the client.

Ahlam Omar was supervised by Katy Smart in this matter.