Judicial review

Double jeopardy bars extradition in landmark Franco-Thai case

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Keshina Bouri
2 min Read

Keshina Bouri, an associate in the criminal and financial crime team and extradition specialist, has successfully resisted their client’s extradition to France to stand trial for alleged child sex offences in Thailand.

Keshina instructed Amelia Nice and Markus Findlay of Doughty Street Chambers to represent the client.

The client was a UK national with no previous convictions and the founder of several successful businesses in Thailand. He was also the sole parent of two children, one of whom attempted suicide during the 16-month extradition proceedings.

The allegations arose in the context of a highly contentious child custody dispute. The Requested Person (RP) was accused of abusing the children of his former partner by their biological father, a French national.

The RP fully cooperated with the Thai investigation over a period of several years. In 2019 a Thai court fully disposed of the case. Despite being aware of that decision, the French authorities subsequently sought the RP’s extradition.

Following a multi-day final extradition hearing, during which the court considered evidence from various experts, including a Thai lawyer, District Judge (Magistrates’ Court) Michelle Smith handed down a 135-page judgment on 6 October 2026 discharging the RP.

The court found that the extradition could not proceed on several grounds, including:

  1. Sections 10 and 64 of the Extradition Act 2003 (EA 2003) – dual criminality: one of the alleged offences, 'violence against a minor' failed the extraterritoriality test

  2. Section 12 EA 2003 – double jeopardy: the Thai dismissal amounted to a genuine acquittal, with no 'special circumstances' justifying a second prosecution and therefore the double jeopardy bar applied

  3. Article 8 of the European Convention on Human Rights: extradition would constitute a 'triggering event', placing the RP's psychologically vulnerable daughter at risk of serious self-harm or suicide. In the absence of a safe and cogent alternative care plan, this "exceptionally severe" impact outweighed the seriousness of the allegations and

  4. abuse of process: the court also concluded that the extradition proceedings constituted an abuse of its process

We’re delighted to have secured this outcome for our client. It has been a long and difficult process for him and his family, and we’re very pleased to have brought the extradition proceedings to an end.
Russell-Cooke Solicitors staff photograph. Silhouette of a female team member against the backdrop of an office with a soft focus effect.
Keshina Bouri • Associate
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The judgment represents another significant result for Russell-Cooke’s specialist extradition team.

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