Jason John Paul Hinton 2014 Feb 26 Queens Bench Division

This court appearance is about extradition to the Netherlands. Hinton was convicted with others of sexual exploitation offences in Kidderminster.

This post will be referenced in [3] Cathy Fox Blog to be published Sex Slavery – Slave Girl Return to Hell by Sarah Forsyth and Tim Tate

For indexes of Court of Appeal Documents and newspaper articles:

An Index / Timeline of Newspaper Articles on Cathy Fox Blog [1]

An Index / Timeline of Court Appeal Documents on Cathy Fox Blog [2]

[2014] EWHC 625 (Admin)

CO/16839/2013

IN THE HIGH COURT OF JUSTICE

QUEEN’S BENCH DIVISION

THE ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2A 2LL

Wednesday , 26 February 2014
Before:

Mr Justice Mitting

Between:

Jason John Paul Hinton – Appellant
v.

District Public Prosecutors Office Zwolle-Lelystad Netherlands – Respondent

Computer-Aided Transcript of the Stenograph Notes of WordWave International
Limited A Merrill Communications Company 165 Fleet Street London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7404 1424 (Official Shorthand Writers to
the Court)

Miss M Westcott (instructed by Tuckers) appeared on behalf of the Appellant

Mr B Keith (instructed by the Crown Prosecution Service Extradition Unit)
appeared on behalf of the Respondent

JUDGMENT

(As Approved by the Court)

1. Mr Justice Mitting : The extradition of the appellant is sought on a
conviction European Arrest Warrant issued by the Public Prosecutor of
Zwolle-Lelystad in the Netherlands on 18 July 2013 to serve 123 days of a
term of imprisonment of 10 months imposed on 6 May 2008 by the Amsterdam
District Court, confirmed on appeal by the Amsterdam Court of Appeal on 15
July 2010, and by the Hoge Raad, the Supreme Court of the Netherlands, on
12 June 2012, for the intentional possession of 64.39 kilograms of hashish
on 10 September 2007. The warrant was certified by the Serious and
Organised Crime Agency on 15 August 2013 and the appellant was arrested on
25 September 2013. After a contested hearing his extradition was ordered by
District Judge Margot Coleman on 6 November 2013.

2. The sole effective ground of challenge is that extradition on that
warrant would infringe his rights to respect for family life under Article
8 of the European Convention on Human Rights. He gave evidence before the
District Judge, which she accepted to be truthful, about his personal
circumstances. They are that he lives with his mother and grandfather at
his mother’s address, that he works as a self-employed builder and that he
has three children aged 21, 6 and 2. At the time of the hearing before the
District Judge he did not see the 2-year-old but now, I am told, does and I
am prepared to deal with the case on the basis that that is new evidence
which has come to light since the hearing and so can properly can be
admitted under * Szombathely City Court & Ors v Fenyvesi & Anor * [2009]
EWHC 231 (Admin) .

3. The District Judge concluded that none of the children were dependent
upon him for their day-to-day care. She said that she had conducted the
balancing exercise which she was required to do and found that:

” … whilst extradition will amount to interference in the Article 8 rights
of his family the interference is both necessary and proportionate. The
circumstances come nowhere near the very high threshold required before it
could be said that the balancing exercise should be determined in the
Requested Person’s favour.”

In her process of reasoning she made one acknowledged error which is to
state that the fact that the term required to be served of 123 days was
only just over the threshold for extradition offences. Mr Keith, for the
requesting authority, accepts that it is a relevant factor, as do I.

4. This case raises in stark form one of the circumstances which will arise
when in the civilised legal system of the Netherlands an appellant is
discharged conditionally from a term of imprisonment which is he serving on
conviction pending a final determination of his appeal. If he exercises the
right of appeal which he has both to the Court of Appeal and to the Court
of Cassation, the Supreme Court of the Netherlands, then that may take some
time but it is a condition of allowing non-nationals the same right as is
afforded to Dutch nationals to enjoy conditional liberty in those
circumstances that Member States of the European Union will upon a proper
request being made extradite the convicted person save in the absence of
compelling circumstances which militate against it.

5. This appellant’s circumstances, as the District Judge rightly
recognised, come nowhere near the high threshold before it can be said that
the balancing exercise should be determined in the appellant’s favour. I
agree with her reasoning, apart from the error which I have identified, and
with her conclusion. It follows that this appeal must be dismissed.

6. I add that Miss Westcott, for the appellant, indicated that she had a
ground of appeal under section 2 which she wishes to preserve in the event
that the Supreme Court grants permission for the issue to be argued in
another case about the status of the Public Prosecutor who has made this
request and issued this warrant.

7. But for those reasons this appeal is dismissed.

8. Is there any application as to costs, Miss Westcott?

9. MISS WESTCOTT: No, my Lord.

10. Mr Justice Mitting : Thank you both.

Please note that victims of abuse may be triggered by reading this information. The Sanctuary for the Abused [A] has advice on how to prevent triggers.  National Association for People Abused in Childhood [B] has a freephone helpline and has links to local support groups. Other useful sites are One in Four [C]  and Havoca [D]. Useful post on Triggers [E]  from SurvivorsJustice [F] blog. Jim Hoppers pages on Mindfulness [G]  and Meditation [H] may be useful.

Links

[1] Cathy Fox Blog 2015 May 8 [constantly updated] Index Timeline of Newspaper Articles on Cathy Fox Blog https://cathyfox.wordpress.com/2015/05/23/newspaper-stories-index-timeline/

[2] Cathy Fox Blog 2015 May 8 [constantly updated] An Index / Timeline of Court Appeal Documents on Cathy Fox Blog https://cathyfox.wordpress.com/2015/05/08/a-timeline-of-court-and-ewca-documentation-on-cathy-fox-blog/

[3] Cathy Fox Blog to be published Sex Slavery – Slave Girl Return to Hell by Sarah Forsyth and Tim Tate

 

[A] Sanctuary for the Abused http://abusesanctuary.blogspot.co.uk/2006/07/for-survivors-coping-with-triggers-if.html

[B] NAPAC http://www.napac.org.uk/

[C] One in Four http://www.oneinfour.org.uk/

[D] Havoca http://www.havoca.org/HAVOCA_home.htm

[E] SurvivorsJustice Triggers post http://survivorsjustice.com/2014/02/26/triggers-what-are-they-and-how-do-we-work-through-them/

[F] SurvivorsJustice Blog http://survivorsjustice.com/

[G] Jim Hopper Mindfulness http://www.jimhopper.com/mindfulness/

[H] Jim Hopper Meditation http://www.jimhopper.com/mindfulness/#cultivate

This is all written in good faith but if there is anything that needs to be corrected please email cathyfox@bigfoot.com

cathyfox the truth will out, the truth will shout, the truth will set us free

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About cathy fox blog on Child Abuse

the truth will out, the truth will shout, the truth will set us free...
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One Response to Jason John Paul Hinton 2014 Feb 26 Queens Bench Division

  1. Pingback: An Index and Timeline of Court & Court of Appeal, EWCA Documents on Cathy Fox Blog | cathyfox blog

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