Mark is regularly instructed to advise and appear on behalf of individuals and foreign governments in proceedings in the United Kingdom and abroad. He was previously Chair of the Extradition Lawyers' Association.

His cases have included:

• USA v Navinder Sarao, concerning the 2010 “flash crash”

• The collapse of Enron (the “NatWest 3”)

• USA v Kareem Serageldin (Credit Suisse executive prosecuted for his part in the 2008 financial crisis)

• Spain v Rwandan intelligence chief, General Karenzi Karake

• Sweden v Julian Assange

• South Africa v Shrien Dewani

• Bucnys v Ministry of Justice

• The attempted Regicide of the King of Spain

• Edwards & Harkins v United Kingdom

• Woolley v United Kingdom

• The Madrid train bombings

• The 9/11 attacks

• The ‘fertiliser’ bomb plot

• The 2001 US anthrax bio-terrorism attacks

• The murder of Theo van Gogh

• The creation of the ‘Trojan Horse’ commercial espionage computer virus

• Hacking into the Pentagon and Pearl Harbour and NASA computer networks

• $31million US ‘Ponzi scheme’ advance fee fraud

• $55million financial derivatives fraud

• $300million US ‘pump and dump’ stock fraud

• The sale of decommissioned radioactive metals

• KGB espionage in the former Soviet bloc

• Treason

• Impairing the battle-readiness of the US Atlantic fleet

• Defendants on the FBI’s “10 most wanted” list.

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Mark has represented senior members of both the Bar and Judiciary as defendants in criminal proceedings, including proceedings before the Privy Council. He is particularly experienced in the law of abuse of process, including irregular extradition and breach of specialty.

The broad spectrum of Mark's criminal trial and advisory work has included:

• Defending in the Pakistani cricket spot-fixing trial

• Death row litigation before the Privy Council

• Advising the Public Solicitor of St. Helena & Ascension on the operation of the fair trial provisions of the Islands' new Constitution.

• Allegations of sanctions evasion

• Proceedings concerning the legality of the policing of the Royal Wedding

• Advising Libyan nationals concerning allegations of torture and rendition.

Mark’s extradition, MLA and general criminal practices all have a particular focus on anti-terrorism and cases concerning complex cross-border and jurisdictional issues.

His terrorism trial caseload before the UK courts has recently included:

• R v Anjem Choudary

• The 1982 Hyde Park bombing

• Syrian fundraising

• "Operation Examine"; terrorist fundraising and suicide plot to attack unknown targets in the UK

• "Operation Norbury"; the plot to blow up the London Stock Exchange

• “Operation Overt”; the 2006 Heathrow airline liquid bomb plot

• The 21/7 London bombing attempts

• R v Tsouli (aka "terrorist007" - reputed to be Al-Qa’eda's ”webmaster” and “cyber-Muhajid”)

• The 'ricin' conspiracy

• The murder of DC Oake

• The Stansted Airport Afghan Airlines hijacking

• Production of chemical weapons.

• Co-author of “Abuse of Process in Criminal Proceedings”, Young, Summers & Corker, 4th. Ed. Bloomsbury, 2014

• Co-author of “Human Rights and Criminal Justice”, Emmerson, Ashworth, Macdonald, Choo & Summers, 3rd. Ed. Sweet & Mawell, 2012

• Contributing editor to "Fraud: Criminal Law and Procedure", Montgomery & Ormerod, Looseleaf, OUP

• Co-author of "The Law of Extradition and Mutual Legal Assistance", Nicholls, Montgomery, Knowles, Doobay & Summers, 3rd. Ed. OUP, 2013

HERE’S WHAT THEY SAY

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Search warrants – PACE 1984, section 8 – judicial review – CJPA 2001, section 59 — disclosure of Information – PII redactions – disclosed materials not sufficient to establish lawfulness of warrant – PII materials deployed as evidence - closed evidence procedure – Al-Rawi not applicable – no minimum level of disclosure.

Terrorism – meaning of inviting support for a proscribed organisation – expression of personal beliefs – invitations to share beliefs - compatibility with Article 10 ECHR.

Terrorism - burden of proof - freedom of expression - jury directions – knowledge.

Arrest without warrant - to effect prompt investigation - necessity of arrest - imposition of bail conditions or search of property as justification for arrest.

Breach of the peace - policing of the Royal wedding - whether common law powers of arrest to prevent breach of the peace compatible with Article 5 ECHR.

Habeas Corpus – abuse of process – defendant extradited from Spain – extradition conditional on entitlement to retrial – retrial impossible under UK law – UK authorities taking custody of defendant nonetheless and committing to prison to serve sentence – whether abuse doctrine applies to post-conviction State conduct.

Search warrants - appropriate test for setting aside following material non-disclosure - whether judge might have refused to issue warrant with full information - Tchenguiz overturned.

Money laundering - Proceeds of Crime Act 2002 - section 328 - entering into a money laundering arrangement - "criminal property" must already exist at the time the arrangement comes into operation, not when defendant enters into the arrangement - "criminal property" must be derived from separate predicate crime - arrangement may be divisible - arrangement to acquire non-criminal money not within section 328 - but once acquired, continued retention, use or control of the money within section 328 - reasoning applies to sections 327 and 329 also.

Terrorism - the 1982 Hyde Park Bombing - proceedings stayed as an abuse of process.

Supreme Court - judgment - whether to be reopened - whether judgment given on basis which counsel had not been given fair opportunity to address.

Death penalty - inadmissible evidence - dock identification - good character directions - proviso - fresh evidence - remittal for reconsideration.

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Fraud - undated cheque as security against default on mortgage repayments - whether “representation” capable of including promise of future action - Fraud Act 2006 - fraud by false representation.

Credit for time served in custody abroad pending extradition - unlawfully at large - Prisons Act 1952 - Criminal Justice Act 2003 - non-EU member States.

Corruption - international cricket - spot-fixing - sentence.

Terrorism - “Operation Overt” - the 2006 Heathrow airline liquid bomb plot - autrefois acquit - publicity - second retrials.

Trinidad & Tobago - Larceny - conversion - private prosecutions - judicial review - sufficiency of evidence.

Terrorism - assisting the 21/7 London bombing attempts.

Terrorism - "terrorist007" - cyber-Muhajid.

Terrorism - Wood Green 'ricin' poison conspiracy – murder of Special Branch officer DC Oake.

Trinidad & Tobago - prosecution of Chief Justice - perverting the course of justice - judicial review of prosecutorial discretion.

Homicide - duty to leave alternative verdicts.

Fraud - obtaining money transfers by deception.

Sentencing - young offenders - gangs - retrials.

Murder - minimum recommended term - use of knives - aggravating features.

Parole - judicial review - recall to prison - supervision.

Terrorism - Stansted Afghan Airlines Hijacking – duress of circumstance - necessity.

Affray - brandishing weapons - requirement for perception of threat.

Sentencing - medical evidence - psychiatric illness - restriction orders.

Sentencing – recividism.

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Extradition - convictions in absentia - accusation warrant continued to be valid notwithstanding conviction – pending appellate re-examination of facts.

Extradition – obligations owed by transferring states to persons unfit to plea.

Extradition – partial surrender – mechanism in place in Poland to give effect to specialty.

Extradition – time for surrender – whether domestic charge disposed of – outstanding appeal against conviction.

Extradition – money laundering – extraterritorial jurisdiction.

Extradition – abuse of process - defendant a refugee fleeing persecution from Spain - Refugee Convention, Article 31 – immunity from prosecution – no foreign application - no defence to extradition.

Extradition - guideline authority on s12A bar - decision to charge and try - whether mutual legal assistance relevant - previous case law wrongly decided.

Extradition - validity – whether details of arrest warrants or judicial decisions issued to secure surrender to custody to enforce sentence required to be included in EAW – meaning of “warrant” – scope of application of s.2(6)(c) - whether extraneous materials available to defence or prosecution to show or cure invalidity - EU principle of conforming interpretation now applicable to extradition proceedings.

Extradition – previous discharge on same EAW in Scotland - res Judicata – issue estoppel - do not apply to extradition proceedings.

EU law - extradition - service of notice of appeal out of time - application to extend time - available only to UK nationals - Pomiechowski - whether rule breaches Article 6 ECHR - extradition does not determine any civil right or criminal charge - whether rule violates Article 14 ECHR - whether rule breaches EU law - Article 18 TFEU - discrimination - appeal rights not derived from EU law - Articles 47 & 51 EU Charter - status in Title VI TEU criminal extradition proceedings - Assange - effects of Lisbon amendments - Protocol 36.

Extradition – the “Flash Crash” - dual criminality - fraud by false representation – market manipulation - misleading impressions - misleading statements.

Extradition - general guidance on application of the bar to extradition under s.19B – forum.

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Extradition – Article 3 ECHR - Romanian prison conditions – overcrowding – whether Strasbourg case law mandates inflexible minimum required space - diplomatic assurances.

Extradition - guidance on application of the bar to extradition under s.12A - absence of “prosecution decision” in requesting state to charge or try - requesting state not demonstrating that sole reason for absence of decision was absence of requested person from that state.

Extradition – general guidance on application of the bar to extradition under s.21A - proportionality.

Extradition - habeas corpus - defendant not surrendered within 10 day period after extradition ordered - no reasonable cause for delay - defence application for discharge under s.36(8) circumvented by CPS ex parte application to High Court for extension of period under s.36(3)(b) - not permissible - extension not possible after period expired – previous contrary authority wrongly decided - also arguable that Act does not permit repeat applications for extension.

Extradition - dual criminality - breach of Payment Services Directive - Directive transposed differently in UK - dual criminality not made out on mere basis of failure to comply with national implementing legislation - breach of other Directives not charged in the Requesting State legally irrelevant to dual criminality enquiry - Article 3 ECHR - Italian prison conditions - overcrowding systemic - presumption of Convention compliance displaced - quality of diplomatic assurance.

European arrest warrants - status of designation under Article 6(3) Framework Decision - status of SOCA certification - section 2(7) - meaning of “arrest warrant” in section 2(7) - state practice - Article 31(3) Vienna Convention - not applicable to secondary EU legislation - meaning of judicial authority - Ministries of Justice.

Extradition - defendant currently unfit to plead and might remain so - whether defendant accused and whether extradition made for the purpose of being prosecuted - extradition unjust or oppressive where risk of indefinite preventative detention in the requesting state.

Extradition - fitness to plead - conflicting evidence - appropriate forum for resolution - application of principles under 1989 Act to different statutory regime under 2003 Act.

Extradition - Article 7 ECHR - after remission earned, Spanish law changed – applied retroactively to defendant - release date recalculated and extended by 5 years - EAW issued to serve additional 5 years - UK court not required to follow ECtHR decision pending appeal to Grand Chamber - flagrancy test applies to Article 7 in extradition context - no flagrant violation to detain person pending outcome of Grand Chamber proceedings - no different result from EU

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Charter - CJEU decisions concerning the Framework Decision not binding - 2003 Act concerned with the ECHR not Charter.

Extradition of primary carer or both parents of dependent children - conflicting public interests - best interests of children - UNCRC - Charter of Fundamental Rights - modification of Norris principles - correct approach to Article 8 ECHR - appropriate procedure to be adopted in Article 8 cases.

Extradition Act - Part 1 - time limits - right to representation - present legal aid system unworkable and incompatible with UK international obligations - urgent need for reform - principles to be applied to applications for adjournments in extradition cases - legal aid for medical evidence.

Extradition - violation of the international law rule of specialty capable of breaching Article 5.1 ECHR - default term of imprisonment made pursuant to a confiscation order - not involving the bringing of a new criminal charge.

European Arrest Warrants - meaning of judicial authority - public prosecutors - Article 5.1(c) ECHR - status of instruments enacted under Title VI TEU in English law - status of Article 34 TEU / Pupino obligation of conforming interpretation in English law - European Communities Act 1972 - European Union (Amendment) Act 2008 - Lisbon treaty - Protocol 36 - status of unincorporated treaties - proportionality.

Extradition - Article 3 ECHR - sentence of life imprisonment without possibility of parole - modification of Soering principles - grossly disproportionate sentences.

Extradition - post-appeal surrender time limits.

Extradition - specialty - committal for default of payment of confiscation order - whether an offence - abuse of process.

Extradition - impact of deliberate flight from justice on passage of time.

Extradition - European Arrest warrants - required particulars of conduct.

Extradition - contumacious convictions.

Extradition - abuse of process - hacking into the Pentagon, Pearl Harbour and NASA computer networks.

Extradition – Enron – the “Natwest three” – abuse of process – forum - allocation of jurisdiction - place of trial – Article 8 ECHR - extradition offence

Extradition - the 9/11 attacks.

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Extradition - Madrid train bombings - European Arrest warrant - validity - Framework Decision - construction - duty of national courts – Article 34 EU

Extradition - specialty.

Extradition - requirements for service.

Extradition - oppression - legitimate sense of security.

Extradition - autrefois acquit and double jeopardy - abuse of process.

Extradition - appellate remedies following remittal - availability of judicial review - ouster clauses.

Extradition - Framework Decision - implementing legislation - reciprocity - judicial review of refusal to de-certify category 1 territory.

Extradition - deliberate absention from trial - judicial review of Secretary of State’s certificate of validity.

Extradition - dual criminality - obtaining money transfers by deception.

Extradition - murder - entrapment - admissibility of evidence - application of PACE to extradition proceedings.