Practice Profile
Kathryn Howarth specialises in extradition, complex crime and international criminal law.
She has a busy practice representing defendants and judicial authorities in extradition proceedings. She has been instructed in leading cases in relation to amendments to the Extradition Act, as well as complex cases, involving historic war crimes allegations and extradition to Part 2 countries. She is currently instructed in cases involving the USA, UAE, Nigeria and in various EAW cases, including litigation concerning prison conditions for female detainees in Lithuania. Kathryn has built up a strong defence practice and has achieved notable successes at first instance and on appeal. She undertook a secondment with the CPS Extradition Unit in 2013.
Kathryn undertakes complex criminal work and has successfully appeared before the Court of Appeal alone and as a led junior. She has been instructed in cases involving significant disclosure exercises, large-scale fraud, war crimes and public international law issues, including immunities. She is currently instructed as junior counsel in the prosecution of Agnes Taylor (wife of the former President of Liberia, Charles Taylor) at the Central Criminal Court, which concerns offences of torture during the Liberian civil war. She was junior counsel in a case involving a Nepalese Colonel, charged with torture, which resulted in a landmark ruling before the Court of Appeal, Criminal Division. Kathryn has worked at international criminal tribunals, including the Special Court for Sierra Leone, the International Criminal Tribunal for Rwanda and the State Court for Bosnia & Herzegovina. Between, 2008 – 2012, she was counsel in the Charles Taylor case in The Hague. She has been appointed to the Attorney General’s Public International Law (C Panel). She is a contributing author in “Criminal Judicial Review” (Hart).
Testimonials
Work Undertaken
- Extradition
- Complex Crime
- Fraud
- International Criminal Law
- International Law
- Inquests
Publications
Appointments & Memberships
- Attorney General’s Office , Public International Law C Panel from 2017
- CPS Advocate Panel - grade 3
- CPS Extradition Panel - grade 3
- Serious Fraud Office, C Panel of counsel
- Criminal Bar Association
- DELF
- Extradition Lawyer’s Association
- Lincoln’s Inn
- Liberty
Notable Cases
International Crime
R. v Agnes Taylor
Junior counsel in case at the Central Criminal Court concerning allegations of torture committed by the wife of the former President (Charles Taylor) during the Liberian civil war.
R. v Lama (Kumar)
Junior in trial at the Central Criminal Court, in which a Nepalese Colonel was charged with torture on the basis of “universal jurisdiction”.
R. v Lama (Kumar) [2014] EWCA Crim 1729
Junior counsel before the Court of Appeal, Criminal Division, in this landmark ruling, which delivered guidance on the UN Torture Convention and public international law immunities.
Prosecutor v Charles Taylor, at the Special Court for Sierra Leone
Counsel for the Office of the Prosecutor (OTP) during trial and on appeal, in this seminal case against the former head of State of Liberia.
“Government II Case”, at the ICTR
Intern on the defence team representing Justin Mugenzi.
Extradition
Maric v Croatia [2016] EWHC 3526 (Admin)
Represented the IJA in relation to an extradition request concerning historic war crimes allegations.
Duncan v Presiding Magistrate, Malaga, Spain [2015] EWHC 3466 (Admin)
Represented the IJA before the Divisional Court, in a case which provided the first guidance on applications under section 21B of the Extradition Act (the temporary transfer provision).
Oparcik v Poland [2015] EWHC 2067 (Admin)
Successfully appealed an order for extradition on the basis of Article 8 owing to culpable delay by the requesting state (post Celinski).
Macaulay v Spain [2015]
Successfully obtained the adjournment of extradition before the Administrative Court, until satisfactory assurance of medical treatment was provided, following a kidney transplant during the currency of the extradition proceedings.
Kandola v Germany; Ijaz v Italy; Droma v Germany [2015] EWHC 619 (Admin)
Represented the IJA in a leading case on section 12A of the Extradition Act (absence of a prosecution decision provision).
Jankowski v Poland [2015] EWHC 2522 (Admin)
Represented the IJA in a case involving a dispute about the service of the notice of appeal form and passage of time under Article 8 (pre Celinski).
Skraba v Poland [2014] EWHC 2193 (Admin)
Represented JA in the first case to consider the jurisdiction to award costs in extradition proceedings.