Extradition and Public Law
Benjamin has appeared in the Supreme Court, Court of Appeal, High Court, Crown Court, County Court, Magistrates’ Court, Upper Tribunal and First Tier Tribunal and is currently instructed in the only UK extradition case ever to be heard by the Court of Justice of the European Union. He represents UK and foreign government departments, requesting judicial authorities and individuals. He acts for interested parties at inquests, often concerning deaths in custody, and advises on unlawful detention, prison law and national security.
Benjamin’s extradition practice concerns the full range of challenges.
He regularly appears in cases concerning prison conditions and the rights of individuals pursuant to the European Convention on Human Rights in Hungary, Poland, Bulgaria and Italy among others. He appeared in the only extradition case to be heard in the Supreme Court in 2018 and returns to the Court in 2021. He has had several successes recently in cases concerning Article 8 of the Convention representing individuals whose rights to a private and family life outweighed the public interest in extradition.
Since his appointment to the Attorney General’s panel Benjamin has regularly appeared in the Upper Tribunal and in the High Court in applications for judicial review. He has also appeared on behalf of the Ministry of Justice at inquests and in the County Court in relation to civil claims made by prisoners.
Elected member of the Bar Council: 2017-2019;
Defence Extradition Lawyers’ Forum;
Extradition Lawyers' Association;
Criminal Bar Association;
Administrative Law Bar Association