Skip to main content
CLOSE

Charities

Close

Corporate and Commercial

Close

Employment and Immigration

Close

Environmental, Social, and Corporate Governance

Close

Fraud and Investigations

Close

Individuals

Close

Litigation

Close

Planning and Infrastructure

Close

Public Law

Close

Real Estate

Close

Restructuring and Insolvency

Close

Energy

Close

Entrepreneurs

Close

Private Wealth

Close

Real Estate

Close

Tech and Innovation

Close

Transport

Close

Background

Our client, Mr T, a serving member of the armed forces, was initially arrested in March 2016 following an extradition request issued by the Turkish authorities. Despite not being informed of a trial taking place, he was convicted of an alleged crime dating back to 2006 and sentenced to 6 years’ imprisonment.

After considerable defence investigations and the instruction of Turkish legal experts, it was shown that Mr T was not informed of his trial, was convicted in absentia without any defence evidence being called, and would not be entitled to a re-trial. After successful defence representations, the extradition request was discharged by Westminster Magistrates’ Court in February 2017.

In May 2018, Mr T received notification from Avon and Somerset Police that the Turkish conviction had been recorded on the Police National Computer (PNC). Furthermore, the police had made an application to the court for a Notification Order. The recording of the conviction, and the application by the police, would result in his dismissal from the armed forces and would also restrict his liberty.

Outcome

Numerous applications for a Notification Order were successfully resisted and the District Judge was persuaded instead to grant only an interim Notification Order, pending defence representations to have the conviction removed. Extensive written representations, together with expert evidence, were made to ACRO Criminal Records Office (ACRO) and the Home Office, for the conviction to be removed on the basis that the conviction was unsafe as the trial process constituted a flagrant denial of justice, contrary to Article 6 of the European Convention on Human Rights.

On 6 March 2019, our client received notification from ACRO that the Home Office had concluded that the conviction should be removed from the PNC as the original conviction was unsafe. Furthermore, not only was the Turkish conviction removed, but ACRO notified the Metropolitan Police to remove any entry on the PNC relating to the extradition request and will ask Avon and Somerset Police to delete any information they hold.

Mr T has been represented throughout proceedings by Anthony Hanratty and Ben Cooper of Doughty Street Chambers.

Read feedback from the client, here. 

Latest articles

Our Offices

London
One Bartholomew Close
London
EC1A 7BL

Cambridge
20 Station Road
Cambridge
CB1 2JD

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
4 Grosvenor Square
Southampton SO15 2BE

 

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
4 Grosvenor Square
Southampton SO15 2BE

Follow us

  • Lexcel
  • CYBER ESSENTIALS PLUS

 

BDB Pitmans has launched Broadfield and is now part of the new transformative international law firm.

Should you need to confirm our bank details, please call +44 20 7092 6996.

© BDB Pitmans 2024. One Bartholomew Close, London EC1A 7BL - T +44 (0)345 222 9222

Our Services

Charities chevron
Corporate and Commercial chevron
Employment and Immigration chevron
Environmental, Social, and Corporate Governance chevron
Fraud and Investigations chevron
Individuals chevron
Litigation chevron
Planning and Infrastructure chevron
Public Law chevron
Real Estate chevron
Restructuring and Insolvency chevron

Sectors and Groups

Private Wealth chevron
Transport chevron