Hannah Hinton

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Hannah is an extradition law specialist. She has appeared in many leading cases interpreting the Extradition Act 2003 before the Divisional Court. She represents individuals facing criminal charges in the UK, EU and in many other countries, often involving significant complexities or high-value criminal activity. She acts for foreign governments in relation to complex or newsworthy extradition requests.

Hannah specialises in financial crime and is instructed in a significant people trafficking prosecution involving informal value transfer systems (IVTS). She has a wealth of experience defending in high value fraud cases on behalf of IFA’s, accountants and in relation to frauds involving charities. She successfully represented a senior accountant against a charge of cheating the revenue of £2.5m in respect of a tax avoidance scheme. The team were able to demonstrate the gift of government gilts were ineffective. Hannah also represented a female charged with laundering the proceeds of her husband’s £10m Ponzi-scheme. She is highly experienced in dealing with cross-border evidential criminal issues and Mutual Legal Assistance.

She has experience of inquires and high profile criminal cases, having worked on the forthcoming criminal trial of senior police and a solicitor involved in the 1989 Hillsborough football disaster and its aftermath.

Hannah represents individuals defending themselves in proceedings brought by their regulator, in particular where there is a medical connection. She is on the RCN list of counsel and sometimes acts for the NMC. Her public law practice is based upon these areas of law.

She regularly advises in judicial review matters. In a precedent judicial review case, Hannah successfully argued that the Magistrates Court were miscalculating confiscation default sentences where a confiscation order had been issued and a part payment made but there is a remaining balance to be paid for which the individual is liable to custody in default. The Justices Clerk’s Society published guidance as a result of this case and hundreds of cases were recalled and reviewed.

A full CV is available upon request.

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Directory recommendations

The Legal 500 recommends Hannah, quoting: "An experienced extradition junior, who works hard and is always well prepared".

Notable Cases

Crime 

Operation Shrien – Investigation in to a large-scale people trafficking and money laundering network with arrests made in the South of England. Instructed by the Crown.

R v B – Acted for an accountant charged with offences under the various Companies Acts in relation to an alleged £5m fraudulent trading scheme and alleged breaches of the FCA rules. Hannah raised a point of law at half-time which took a week to resolve in favour of her client and required the co-defendant to be recalled to vacate his guilty plea and plead to lesser offences. Her argument led to a significant part of the case against her client being removed from the Indictment.

SFO v H – Hannah represented one of five defendants charged with money laundering offences in respect of a £10 million "Ponzi" investment fraud conducted from Mallorca in Spain.

R v F - instructed by the Department for Business, Energy & Industrial Strategy in a successful prosecution of a company director charged with offences under the Insolvency Act and of perjury in relation to dishonest disclosures to the Official Receiver.

Judicial Review

R. (on the application of Emu) v Westminster Magistrates' Court [2016] EWHC 2561 (Admin) – leading case upon the calculation of enforcement of the default term of a compensation order. Hannah was instructed for the appellant, a serving prisoner, to bring a judicial review claim 7 years out of time. Permission to appeal granted upon a point of law regarding the calculation of default sentences under the enforcement of confiscation orders and application allows resulting in her client’s sentence being reduced by 9 months.

Serious Fraud Office v B – instructed to represent the Respondent at the enforcement stage of a large confiscation order. The Respondent had been extradited from the US to face a significant fraud allegation. The Respondent was the subject of forfeiture and restraint proceedings in the UK and the US. Hannah applied to state a case for the High Court which was granted. The case is before the High Court upon a jurisdictional point of law concerning the approach to enforcement of fines in the Magistrates Court.

Vaganovs v Governor of Wandsworth Prison [2013] EWHC 1077 (Admin) - application for a writ of habeas corpus ad subjiciendum and judicial review. Instructed by the Crown.

Fraud and Financial Crime and Confiscation

E v SSHD - instructed for the appellant, a serving prisoner, to bring a judicial review claim 7 years out of time. Permission to appeal granted upon a point of law regarding the calculation of default sentences under the enforcement of confiscation orders.

SFO v B – instructed to represent the Respondent at the enforcement stage of a large confiscation order. The Respondent had been extradited from the US to face a significant fraud allegation. The Respondent was the subject of forfeiture and restraint proceedings in the UK and the US. Hannah applied to state a case for the High Court which was granted. The case is before the High Court upon a jurisdictional point of law concerning the approach to enforcement of fines in the Magistrates Court.

R v B – led Junior in an 8 week trial before Preston Crown Court. Hannah represented the Defendant in respect of allegations of breaches of the FSA rules and in respect of an estimated £5m fraudulent trading scheme prosecuted under the Companies Act. The half-time submission took a week to resolve in favour, in part, of her client leading to a significant period of the Indictment being reduced.

SFO v H – led Junior in a in a 10 week week trial heard at Bradford Crown Court. Hannah represented one of five defendants charged with money laundering offences in respect of a £10 million "Ponzi" investment fraud conducted from Mallorca in Spain.

Extradition

James Fox v Public Prosecutor’s Office Frankfurt Germany [2017] EWHC 3396 – Leading case upon the interpretation of Section 12A – the provision which blocks extradition before a case is sufficiently advanced in the requesting Country. Her client, a company director, was charged with 18million EUR VAT fraud against the German tax authority.

Elashmawy v Italy [2015] EWHC 28 – Leading case upon Article 3 ECHR and the ECHR rules upon the use of the ‘pilot judgement’ procedure concerning detention conditions. The businessman was wanted for rape of a minor, a temporary employee.

Gjergj Cupi v The Government of Albania [2016] EWHC 3288 (Admin) – leading case upon the interpretation of Section 85 the provision dealing with retrial rights and Article 6 ECHR. Allegations of murder and attempted murder arising from a so called blood feud.

Stamp v Bermuda [2015] A.C.D. 12 – first case under the Extradition Act 2003 for Bermuda. Case considered the law upon joint venture to kill and the sufficiency of the evidence. A young male was chased and shot to settle a gang dispute.

Turkey v S ( unreported ) – Hannah acted for an individual wanted by Turkey for offences of bribery and corruption dating back to 1992 at the height of the political crisis in Turkey. He had obtained false documents to enable his family to get out of the country to safety. He sought and was granted political asylum in the UK in 2002 however the SSHD rescinded his asylum status. The case involved evidence from the UN Commissioner for Human Rights, lay witnesses, two experts upon prison conditions and corruption in Turkey. S. was not extradited as a result of her success before the Westminster Court.

Domenico Rancadore v Italy– widely reported worldwide. Man convicted of mafia association went on the run picked up in UK 20 years later. See links to press reports:

1. BBC

2. Telegraph 

Kulibaba v The United States of America [2014] EWHC 176 (Admin) - Largest cyber-crime enterprise ever prosecuted causing losses to UK banks of approximately £4.5m and losses estimated at $70m to UK financial institutions and businesses (including churches and local councils). Hannah was instructed by the US DOJ to secure the surrender of two individuals wanted for prosecution under Federal law. The Defendants were extradited to face charges of bank fraud and wire fraud.

France v D ( unreported )- D. was wanted by the French authorities for eight offences of fraud. Hannah argued that the warrant was not valid as it did not give sufficient detail of the allegations. The French had also convicted him in his absence while he was unaware of the case against him having settled in the UK. He had 2 years to serve but was offered a re-trial. After a successful legal argument the Judge agreed he should not be extradited on the warrant as it was invalid.

M v Poland - Hannah was successful in persuading the High Court the Judge at first instance was wrong to have ordered the extraction of the Appellant. It is one of the leading cases considering the effect of a qualifying electronically tagged curfew whilst on bail.

Germany v J - large scale drug smuggling allegations.

Canada v D – Represented D against a request from Canada in relation to an aggravated burglary charge.

Spain v G - Rape allegation. Case involves expert evidence from Spain regarding Spanish law

Castle v United States of America [2013] EWHC 1048 (Admin) - Acting for the government in a request for the extradition of the Defendant to stand trial for offences concerning the sexual grooming of a 13 year-old American school-girl via the internet and rape of a minor. Case involved evidence of the lawfulness of the Adam Walsh Act.

BIS Investigations

R v Fletcher - instructed by BIS. The defendant, a declared bankrupt was charged with offences under the insolvency act and of perjury in relation to dishonest disclosures to the Official Receiver.

REGULATORY LAW

General Medical Council v S – A qualified doctor charged with malpractice suffering from a medical condition relating to her mental health. Limited sanction.

Nursing and Midwifery Council v B - This case concerned issues of unlawful detention under Article 5 of the European Convention upon Human Rights and mental capacity under the Mental Capacity Act 2005.

Nursing and Midwifery Council v P & S – This case concerned the appropriateness of engaging CPR upon an elderly patient in a care home and whether correct decisions had been made not to perform CPR.

Medicines Regulation/Price-fixing – Hannah worked for the regulatory team of a City Law firm in the summer before commencing pupillage assisting the team representing a director of a pharmaceutical company charged with price-fixing in the drugs industry. Nine people and five companies were charged with conspiracy to defraud the NHS over drug prices and supply. A parallel civil case was brought by the Department of Health. Prosecutors ran into difficulties during the spring when the law lords ruled, in another case, that “mere price-fixing” – without aggravating conduct – was not an offence until Parliament made it so by passing the Enterprise Act 2002.

International Criminal Law

Prior to qualifying as a barrister, Hannah spent a period of time living in Freetown working at the Special Court for Sierra Leone ( a war crimes tribunal) set up jointly by the Government and the United Nations. She assisted the trial attorneys with their work on two trials involving six defendants alleged to be those bearing the greatest responsibility for crimes against humanity, acts of terrorism and other serious violations of international law, the Geneva conventions and the preparations for the trial against Charles Taylor, former Liberian President.

In 2008 she gained a post-graduate certificate in human rights and the laws of armed conflict "Law, War & Human Rights" from the London School of Economics. She has also volunteered for the West-Africa desk at Amnesty International with a particular focus on the recruitment and use of child soldiers in conflict zones.

Associations and memberships

Appointments

  • Panel Counsel for the Serious Fraud Office
  • Panel Counsel for Crown Prosecution Service

Committees/Memberships

  • Member of the Honourable Society of Gray’s Inn
  • Defence Extradition Lawyer’s Association ( Committee since 2018 )
  • Association of Regulatory & Disciplinary Lawyers
  • Fourth Feathers Youth & Community Centre ( Management Committee since 2017)
  • Earls Court Youth Club ( Management Committee since 2017)
  • British Italian Law Association
  • Young Fraud Lawyers Association (Committee 2007-2010)
  • Junior Financial Services Lawyers Group (Committee 2010-2011)

Scholarships

  • Scholarship awarded by the European Union and the Special Court for Sierra Leone (2005)
  • Scholarship awarded by The Honourable Society of Gray’s Inn for the Bar Vocational Course (2006)