Charlotte Evans
Charlotte is an experienced Associate, advising individual and corporate clients across a broad range of practice areas, including criminal fraud, Serious Fraud Office (SFO) investigations, private prosecutions, INTERPOL red notice, extradition and mutual legal assistance matters, internal investigations, bribery offences, sanctions and general crime.
Charlotte often advises clients facing investigation/action brought by UK and overseas governments or enforcement agencies, including the UK’s SFO, Financial Conduct Authority, HM Revenue and Customs and the US Department of Justice (DOJ). She also has experience of advising on internal investigations, particularly where fraud or corruption are suspected and there is a risk of civil, criminal, or regulatory proceedings, as well as reputational/commercial risk.
Her private prosecution experience includes assisting the team that successfully prosecuted two individuals on behalf of Inkorporate Ltd, who were found guilty of fraud and money laundering offences in May 2022 following a lengthy investigation and prosecution by the Peters & Peters team. Since 2023, Charlotte has been representing the Post Office in the largest series of criminal appeals in UK legal history.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2018
Experience
- DWF Law LLP (2016 - 2019)
Membership
- Committee Member (Secretary & Data Protection Officer), Extradition Lawyers Association
- Female Fraud Forum
- Private Prosecutors Association
- Young Fraud Lawyers Association
- Women’s White Collar Defense Association
- Women in Criminal Law
Qualifications
- MA (LPC with Business), 2018
- LLB Law, 2015
Education
- BPP Law School, 2015-2016
- Queen Mary, University of London, 2012-2015
6 Contributions by Charlotte Evans
PRACTICE NOTES
Consent to Extradition under the UK Extradition Act 2003: Eligibility, Timing, Procedure, Legal Effects, Competing Requests and Practitioner Guidance
Consent by a requested person to extradition
Consent by a requested person to extradition refers to an individual agreeing to their own surrender following a request made under Parts 1 or 2 of the Extradition Act 2003 (EA 2003), and doing so before any order is issued or an extradition decision is taken.
Ability to consent to extradition
The capacity to consent applies where the requested person has been arrested pursuant to:
a warrant under EA 2003, Part 1
a warrant under EA 2003, Part 2, or
a provisional warrant obtained at the request of a category 1 or 2 territory
the power of provisional arrest under EA 2003, s 74A
The individual may consent whether the extradition request is founded on an accusation or follows a conviction. A requested person cannot consent in proceedings that arise from the UK entering into a special extradition arrangement under EA 2003, s 194 with a territory that is not a category 1 or 2 territory...
Corporate Crime
PRACTICE NOTES
Extradition Act 2003: Non‑statutory bars—abuse of process; ECHR Articles 3, 6 and 8; prison conditions and assurances; medical issues; life without parole; time served and EMC credit
This Practice Note examines the non-statutory bars to extradition, including abuse of process, human rights concerns, and arguments about time served. For information on the statutory bars to extradition, see Practice Note: Statutory bars to extradition. For further reading on the procedure that applies under the Extradition Act 2003 (EA 2003), see Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003—procedure.
Abuse of process
The court has jurisdiction to decide whether extradition should be refused because its processes have been abused. This bar is not set out in the EA 2003; it has been developed by case law. The abuse of process argument is a free‑standing ground of challenge, to be considered only after any statutory bars or human rights issues. The default position is that the requesting state is taken to have acted in good faith, so the person sought must satisfy the extradition judge that this is not so. In Belbin v France, the High Court underscored that the circumstances in which the court will exercise its implied abuse of process jurisdiction in extradition cases are very limited...
Corporate Crime
PRACTICE NOTES
Extradition in the UK: Extradition Act 2003 framework, EU surrender post-Brexit, Part 1/2 procedures, provisional arrest, red notices and human rights
What is extradition?
Extradition is the formal legal mechanism by which one territory requests another to hand over a person sought so they can face trial or complete a sentence imposed by the requesting territory.
The UK’s statutory framework
The UK’s extradition system is governed by the Extradition Act 2003 (EA 2003). The UK maintains extradition arrangements, under multilateral conventions and bilateral extradition treaties, with more than 120 territories. Under the EA 2003, these territories are designated as either Part 1 or Part 2.
Part 1 territories are listed in the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003, SI 2003/3333, as amended. See further below: Part 1 territories. Notwithstanding the UK’s departure from the EU, this list continues to include the remaining 27 EU Member States.
Part 2 territories are identified in the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003, SI 2003/3334, as amended. See further below: Part 2 territories. Territories not appearing as either Part 1 or Part 2 may still submit an extradition request to the UK, and any accepted request will be processed as if it were...
Corporate Crime
PRACTICE NOTES
Private Prosecutions in England and Wales: Restraint, Confiscation and Compensation under POCA 2002 and the Sentencing Act 2020
This Practice Note explores in detail how restraint orders, confiscation proceedings and compensation orders are deployed in private prosecutions.
Restraint orders in private prosecution proceedings
For an overarching guide to the operation, mechanics and effect of restraint orders in general, see: Restraint and confiscation—overview. A restraint order operates to freeze property and to preserve a defendant’s assets so that they remain available to meet any confiscation order imposed following a successful prosecution and conviction. For further background, see Practice Note: Restraint orders—What is a restraint order? Applications seeking restraint orders are made in the Crown Court under the Proceeds of Crime Act 2002 (POCA 2002) and can be pursued before any arrest has occurred and/or before proceedings have commenced (commonly described as pre-charge restraint orders), or later within an investigation or prosecution, including post conviction. POCA 2002, s 40 identifies five circumstances in which the Crown Court may make a restraint order. For additional information, see Practice Note: Restraint orders—Conditions for the grant of a restraint order and Conditions required before a restraint order can be made—checklist, as noted above and within that guidance...
Corporate Crime
PRACTICE NOTES
Withdrawal of Part 1 arrest warrants and Part 2 extradition requests: discharge, quashing and multiple-offence treatment under the Extradition Act 2003
Withdrawal of Part 1 arrest warrants and Part 2 extradition requests
If an arrest warrant, whether issued or certified, under Part 1 of the Extradition Act 2003 (EA 2003) (a Part 1 arrest warrant), or an extradition request under EA 2003, Pt 2 (a Part 2 extradition request), is withdrawn before a requested person is extradited, the requested person must be discharged...
Corporate Crime
CHECKLISTS
Extradition from the UK: practitioner checklist under the Extradition Act 2003 for Category 1 and 2 requests, TCA 2020, evidential requirements, statutory and non-statutory bars, and human rights
This Checklist sets out the principal questions practitioners should consider when advising a client facing a request for extradition. For a step-by-step overview under the EA 2003, see Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003—procedure, together with Extradition from the UK (cat 1 request)—checklist and Extradition from the UK (cat 2 request)—checklist. Read this Checklist alongside Practice Note: Extradition and the statutory framework—an introduction to extradition, which outlines the UK extradition framework and the effect of Brexit on extradition between the UK and EU member states.
Principles determining extradition under the Extradition Act 2003
The initial points to assess for a client subject to an extradition request are:
does your client fall within Category 1—is this an arrest warrant issued under the Trade and Cooperation Agreement 2020 (TCA 2020) or a European Arrest Warrant (EAW) issued before IP completion day? See Practice Note: Extradition and the statutory framework—an introduction to extradition)
does your client fall within Category 2—is there a bi-lateral treaty or another applicable extradition instrument?
...
Corporate Crime
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