Judges: Mr Justice Lane Citations: [2022] EWHC 2725 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 19 November 2022; Ref: scu.682470
Citations: [2015] ScotHC HCJAC – 52 Links: Bailii Jurisdiction: Scotland Crime Updated: 03 November 2022; Ref: scu.552273
Citations: [2018] ScotHC HCJAC – 31 Links: Bailii Jurisdiction: Scotland Extradition Updated: 24 April 2022; Ref: scu.618821
Citations: [2018] ScotHC HCJAC – 15 Links: Bailii Jurisdiction: Scotland Extradition Updated: 05 April 2022; Ref: scu.605930
[2015] ScotHC HCJAC – 53 Bailii Scotland Crime Updated: 13 January 2022; Ref: scu.552272
[2015] ScotHC HCJAC – 32 Bailii Scotland Crime Updated: 30 December 2021; Ref: scu.547234
[2013] ScotSC 3 Bailii Scotland Extradition Updated: 17 November 2021; Ref: scu.513817
[2013] ScotHC HCJAC – 19 Bailii Scotland, Crime Updated: 31 October 2021; Ref: scu.510226
Citations: [2003] EWHC 1752 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 26 November 2022; Ref: scu.185636
Judges: Rose LJ VP CACD Citations: [2003] EWHC 1838 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 12 October 2022; Ref: scu.185605
Judges: Davis J Citations: [2003] EWHC 655 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 05 October 2022; Ref: scu.185575
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to hide their assets. They had failed to respond as required to orders to disclose their assest, … Continue reading Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003
The applicant had been arrested and resisted his extradition to the Czech Republic saying that the offence was so minor as not to justify extradition. Held: The offence was equivalent to obtaining a pecuniary advantage by deception, with a value of pounds 40.00. It was not a serious offence. However the court could also take … Continue reading In re Togyer: QBD 4 Jun 2003
Citations: [2003] EWHC 1260 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 03 August 2022; Ref: scu.185596
The defendants appealed against convictions for conspiracy to pervert the course of justice. They had been police officers.An application was made for the disclosure of the skeleton arguments read by the court, Judge LJ said: ‘Subject to questions arising in connection with written submissions on PII applications, or any other express justification for non-disclosure on … Continue reading Howell and Others, Regina v: CACD 28 Feb 2003
Citations: [2003] EWHC 1940 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 18 July 2022; Ref: scu.185049
Hale LJ said that it would not generally be unjust to send someone back to a country face a fair process to determine whether or not he is fit to face trial adding: ‘I accept that it may be wrong or oppressive to do so if the inevitable result will be that he will be … Continue reading Warren, Regina (on the Application Of) v Secretary of State for the Home Department and Another: Admn 14 Mar 2003
The applicant entered the UK illegally. She was unwell and was given treatment. She resisted removal on the grounds that the treatment available to her would be of such a quality as to leave her life threatened. Held: D -v- UK should be strictly confined. The applicant’s condition was not one created by the respondent, … Continue reading N v the Secretary of State for the Home Department: CA 16 Oct 2003
The claimant had been arrested under an extradition warrant. He complained that the police took the opportunity to search his girflriend’s nearby flat. The police responded that the search was conducted under a common law power of search attached to the warrant for his arrest. Held: The search was unlawful, since the connection between the … Continue reading Regina (Hewitson) v Chief Constable of Dorset Police and another: QBD 18 Dec 2003
The defendant sought to challenge an order for his extradition, saying that four of the five charges were time barred. Held: It was sufficient that any one charge remained effective. The court’s discretion in the section was limited. Judges: Wool LCJ, Mackay J Citations: Times 06-Dec-2003, [2003] EWHC 3077 (Admin) Links: Bailii Statutes: Extradition Act … Continue reading Jaffar v Governor of Brixton Prison and Another: QBD 25 Nov 2003
Citations: [2003] EWHC 2709 (Admin) Links: Bailii Extradition Updated: 08 June 2022; Ref: scu.187821
The claimant sought damages for defamation. He feared arrest and extradition to the US if he came to England, and was granted an order allowing him to give evidence by video link. The defendant appealed that order. Held: There was no absolute rule which would allow the order made. The judge had considered that if … Continue reading Polanski v Conde Nast Publications Limited: CA 11 Nov 2003
Citations: [2003] EWHC 1836 (Admin) Links: Bailii Extradition Updated: 08 June 2022; Ref: scu.185637
In each case asylum applicants had been certified as suitable to be returned to the first country at which they had arrived on fleeing their home countries. Held: To determine whether article 8 was engaged given the territoriality principle, the following should be considered. First, the claimant’s case in relation to his private life in … Continue reading Secretary of State for the Home Department, Regina on the Application of Soumahoro; Regina on the Application of Nadarajah; and similar: CA 19 Jun 2003
The applicant challenged an order for his extradition to the US. He had been convicted in his absence having absconded from bail. Held: He had been arrested and held on the basis that he was a convicted person, but the procedure should have allowed that having been convicted in his absence, in contumacy, he should … Continue reading In re Guisto (application for a writ of Habeas Corpus) (Criminal Appeal from Her Majesty’s High Court of Justice): HL 3 Apr 2003
The appellant sought to resist the registration here of a confiscation order made in the US. She argued it would be contrary to the interests of justice to register it, that the US procedure would be unlawful here under the Convention, the appeal having been held in her absence. Held: It could not be said … Continue reading Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003
The applicant had led Kurdish separatists training and leading a gang of armed terrorists. Warrants for his arrest had been taken out in Turkey. He had lived for many years in Syria but then sought political asylum in Greece, Russia and Italy, none of which countries was prepared to allow him to stay. Ultimately, he … Continue reading Ocalan v Turkey: ECHR 12 Mar 2003
Citations: [2003] EWHC 2851 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 20 May 2022; Ref: scu.189134
The court allowed an appeal against conviction on charges of sex abuse where the underlying offences had taken place many years before. ‘In this case it has to be recognised that because of the delay that occurred, in our judgment the appellant was put in an impossible position to defend himself. He was not . … Continue reading Regina v B: CACD 2003
The house was asked whether it might be correct to stay criminal proceedings as an abuse where for delay. The defendants were prisoners in a prison riot in 1998. The case only came on for trial in 2001, when they submitted that the delay was an abuse. Held: The defendants had a right to a … Continue reading Attorney-General’s Reference (No 2 of 2001): HL 11 Dec 2003
Courts should be reluctant to exclude altogether evidence merely because it is written. If the purpose of the order sought was to trace assets it would be wrong to permit cross-examination which was designed to show that there had been a contempt of court. Citations: [2003] EWCA Civ 1769 Links: Bailii Jurisdiction: England and Wales … Continue reading Phillips v Symes: CA 2003
A retrospective complaint of extradition to Uzbekistan was made. The applicants sought to resist their extradition from Turkey to Uzbekistan, saying they would be tortured. Held: Convention states must comply with orders made by the European Court of Human Rights. Turkey had failed to comply with interim measures ordered and was in breach of its … Continue reading Mamatkulov and Abdurasulovic v Turkey: ECHR 6 Feb 2003
Judges: Lord Justice Kennedy Mr Justice Royce Citations: [2003] EWHC 2758 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 11 April 2022; Ref: scu.344028
In considering the period of leave to remain which is to be granted to a person (P) who is subject to the Restricted Leave regime, the Secretary of State is required to consider, amongst other matters, the forseeability of P’s removal from the United Kingdom. In considering that question, the fact that P has been … Continue reading Gornovskiy, Regina (on The Application of) v Secretary of State for The Home Department (Extradition and Immigration Powers): UTIAC 16 Sep 2021
The appeal concerned a final third party debt order (formerly a garnishee order). A judgment in France was registered here for enforcement. That jurisdiction was now challenged. Held: A third party debt order is a proprietary remedy operating by attachment against the property of the judgment debtor. The property so attached is the chose in … Continue reading Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation: HL 12 Jun 2003
The applicants, who had been convicted in absentia in the Czech Republic resisted their extradition under an accusation warrant on the ground that autrefois convict applied. Held: As they had a right to request a new trial this was not a final judgment and accordingly they could be dealt with as persons accused Henriques J … Continue reading Bikar and Another, Regina (on the Application of) v Governor of HM Prison Brixton: Admn 14 Feb 2003
[2003] EWHC 509 (Admin) Bailii England and Wales Extradition Updated: 27 December 2021; Ref: scu.185566
The applicant, a catholic priest, challenged his extradition for alleged offences of sexual abuse which had taken place in the 1980s, saying it would be an abuse now to prosecute him after such a delay. Held: The case of R v B was of a particular character and not of assistance to the applicant. The … Continue reading Woodcock v The Government of New Zealand: QBD 14 Nov 2003
The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence. Held: Comparisons between admission of similar fact evidence in civil and criminal proceedings were made. In general, the greater the putative force of the evidence the less ready a court should be to … Continue reading O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003
The appellant had been unsuccessful in litigation against his former bank. The Financial Services Authority had subsequently investigated his complaint against the bank. Using section 7 of the Data Protection Act 1998, he requested disclosure of his personal data held by the bank. The Financial Services Authority disclosed some copies of documents relating to the … Continue reading Durant v Financial Services Authority: CA 8 Dec 2003
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion. Held: Freedom of political speech is a freedom of the very highest importance. Article 10 requires that access … Continue reading Regina v British Broadcasting Corporation ex parte Pro-life Alliance: HL 15 May 2003
The constituency had adopted an all postal ballot, resulting in a counted majority of one. One ballot paper’s confirmation of identity had not been signed.
Held: The function of the court, exercising its jurisdiction under section 48(1), is . .
Application for a writ of habeas corpus ad subjiciendum after remand in custody on decision to extradite . .
Keith J was inclined to think that the appellant could not rely on the passage of time since the date of commission of the alleged offence because he faced a conviction warrant, but he nevertheless examined whether the delay from that date would have been oppressive for the purposes of section 14 and concluded that … Continue reading Campbell v Public Prosecutor of The Grande Instance Tribunal of St-Malo, France: Admn 20 May 2013
The prisoner complained at the extension of his detention pending proceedings for extradition to Rwanda, as authorised by the Secretary of State. Held: The Home Secretary had certified that special arrangements existed as required under section 194, and he therefore had had power to state also that the period required for delivery of an extradition … Continue reading Brown (Formerly Bajinya) v HMP Belmarsh: Admn 13 Mar 2007
The claimant had been in prison pending removal after his resistance to a European Extradition Warrant had failed. Subsequent developments in the case against him in Spain suggested that the case against him might now fail. He sought a writ of habeas corpus. Held: ‘the right approach to this issue is to ask whether, in … Continue reading Hilali v Governor of HMP Whitemoor and others: Admn 25 Apr 2007
Citations: [2007] EWHC 934 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 20 December 2022; Ref: scu.251641
Citations: [2007] EWHC 1257 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 20 December 2022; Ref: scu.253293
Appeal against the decision to order the appellant’s extradition to Lithuania, pursuant to a conviction arrest warrant in order to serve the balance of a 2 year sentence of imprisonment, that is to say 1 year and 10 months Judges: Collins J Citations: [2014] EWHC 4285 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England … Continue reading ZZ v Ministry of Justice Lithuania: Admn 17 Nov 2014
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
Prosecution to protect defendant not available The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited. Held: The Director had a discretion as to whether … Continue reading Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006
Citations: [2007] EWHC 2407 (Admin) Links: Bailii Statutes: Extradition Act 2003 2(3) Jurisdiction: England and Wales Extradition Updated: 06 December 2022; Ref: scu.260200
The defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction. Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his ruling upon that is final and can properly be challenged by way of case stated … Continue reading Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court: Admn 27 Jul 2007
The defendant resisted extradition for a fraud prosecution brought 11 years after the relevant events which occurred in 1995. He had come to England in 2000, and the first he heard of the accusation was when he was arrested in September 2006. It was not suggested that he had deliberately fled the prosecution. Held: The … Continue reading Lisowski v Regional Court of Bialystok (Poland): Admn 28 Nov 2006
The defendant gave notice to appeal but the respondent said it was out of time by one day. The defendant said that the decision itself had not been made until after normal business hours on the relevant day, and should therefore be treated as having been made on the following day which would validate the … Continue reading Amoako, Regina (on the Application of) v Director of Public Prosecutions: Admn 24 Feb 2006
Extradition of the defendant to Poland was sought, the court saying he had fled his trial for burglaries in 1999. The defendant argued that his extradition would now be unfair. Held: The judge was right to hold that his ruling of deliberate flight concluded the question of delay unless it could be said that the … Continue reading Krzyzowski v Circuit Court In Gliwice, Poland: Admn 23 Nov 2007
Extradition was sought of the defendant to Poland. The defendant challenged the validity of the European Arrest Warrant, saying that it listed offences for which he was sentenced to less than four month’s imprisonment, and that sufficient particulars had not been given. The court had aggregated the sentences. Held: The appeal was dismissed. The requirements … Continue reading Pilecki v Circuit Court of Legnica, Poland: Admn 31 Jul 2007
Citations: [2007] EWHC 1984 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Hilali v Governor of HMP Whitemoor and others Admn 25-Apr-2007 The claimant had been in prison pending removal after his resistance to a European Extradition Warrant had failed. Subsequent developments in the case against him in Spain suggested that the … Continue reading Hilali v Central Court of Criminal Proceedings National Court (Madrid No 5): Admn 15 Jun 2007
Citations: [2007] EWHC 1982 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 04 December 2022; Ref: scu.258802
Judges: Beatson J Citations: [2005] EWHC 1373 (Admin), [2006] 1 WLR 1 Links: Bailii Statutes: Extradition Act 2003 8105 Jurisdiction: England and Wales Extradition Updated: 01 December 2022; Ref: scu.227973
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
‘extradition case, concerning the ‘retrial’ entitlement in section 20(5) of the Extradition Act 2003 and evidence said to fill a ‘lacuna’ in a European Arrest Warrant (EAW). ‘ Citations: [2020] EWHC 1254 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 01 December 2022; Ref: scu.651055
Whether extradition to allow prosecution for theft of 80 pounds in 2003 was proportionate. Judges: Mr Justice Julian Knowles Citations: [2022] EWHC 2913 (Admin) Links: Bailii Statutes: ECHR European Convention on Human Rights 8 Jurisdiction: England and Wales Extradition, Human Rights Updated: 30 November 2022; Ref: scu.683566
Two applications for habeas corpus or, in the alternative, for a direction that they be treated as applications for permission to apply for judicial review – confinement to prison pending extradition to Romania – delay for Coronavirus Citations: [2020] EWHC 1142 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 26 … Continue reading Cosar v HMP Wandsworth and Others: Admn 11 May 2020
Judges: Mr Justice Chamberlain Citations: [2021] EWHC 1096 (Admin) Links: Bailii Statutes: Extradition Act 2003 103 Jurisdiction: England and Wales Extradition Updated: 25 November 2022; Ref: scu.662323
(Grenada) The Court of Appeal of Grenada in granting leave to appeal to the Judicial Committee had imposed a condition requiring security of andpound;500. The respondent then applied to the Judicial Committee for an order under its inherent jurisdiction that the appellant pay into court the sum of andpound;130,000 as security for costs, Held: the … Continue reading Electrotec Services Limited v Issa Nicholas (Grenada) Limited: PC 27 Oct 1997
Citations: [2007] EWHC 814 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 22 November 2022; Ref: scu.251459
The defendants appealed orders for their extradition. They were suspected of terrorist offences, and feared that instead of facing a trial, they would be placed before a military commission. Held: The appeals failed. The court had diplomatic notes from the US government guaranteeing trial before an ordinary court, and that they would not be designated … Continue reading Ahmad and Aswat v United States of America: Admn 30 Nov 2006
The defendant appealed an order for his extradition. He had used his computer in London to access remotely defence and other government computers in the USA, and deleted files and copied others onto his own computer. He had been offered a deal if he agreed to go to the US voluntarily. That offer had been … Continue reading McKinnon v USA and Another: Admn 3 Apr 2007
The appellant challenged an order for his extradition to Poland to serve sentences for drugs offences. He relied upon a delay of six years, during which time he had made a life in the UK, with young children born here. Held: The delay may have been caused by the appellant’s own coming here to avoid … Continue reading Grewling v Circuit Court of Gorzow Wielkopowski, Poland: Admn 6 Feb 2013
Judges: Moses LJ, Kenneth Parker J Citations: [2013] EWHC 453 (Admin) Links: Bailii Statutes: Extradition Act 2003 93(4) Jurisdiction: England and Wales Extradition Updated: 14 November 2022; Ref: scu.472503
Whether expected treatment in a Hungarian prison would be inhuman and degrading. Admission of evidence doubting state re-assurances. Judges: Lord Lloyd-Jones, Lord Hamblen, Lord Leggatt, Lord Burrows, Lord Stephens Citations: [2021] UKSC 14 Links: Bailii, Bailii Press Summary, Bailii Issues and Facts Statutes: European Convention on Human Rights 3, Extradition Act 2003 27 Jurisdiction: England … Continue reading Zabolotnyi v The Mateszalka District Court, Hungary: SC 30 Apr 2021
The court was asked as to the extent of the Secretary of State’s discretion and obligation to consider a person’s Article 6 rights when requested personally to serve a judgment of an overseas court pursuant to a request for mutual legal assistance from the government of the country of that overseas court. The Claimant said … Continue reading Ismail v Secretary of State for Home Department: Admn 26 Mar 2013
The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006
Citations: [2006] EWHC 1150 (Admin) Links: Bailii Statutes: Extradition Act 2003 103 Jurisdiction: England and Wales Extradition Updated: 14 November 2022; Ref: scu.242197
The appellant resisted his extrdition to Argentina. The court now set out its reasons for not admitting the new medical evidence on which the appeal was based. Judges: Laws LJ, Swift J Citations: [2013] EWHC 226 (Admin) Links: Bailii Statutes: Extradition Act 2003 103 Jurisdiction: England and Wales Extradition Updated: 14 November 2022; Ref: scu.470995
Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000
When a person in contempt of court asks to be heard by the court before his contempt is purged, the preferable approach is to ask: ‘whether, in the circumstances of an individual case, the interests of justice are best served by hearing a party in contempt or by refusing to do so, always bearing in … Continue reading Arab Monetary Fund v Hashim and Others: CA 21 Mar 1997
Citations: [2012] EWHC 2771 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Bucnys v Ministry of Justice SC 20-Nov-2013 The Court considered requests made by European Arrest Warrants for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in … Continue reading Ministry of Justice, Lithuania v Bucnys: Admn 12 Oct 2012
Judges: The Honourable Mr Justice Dove Citations: [2022] EWHC 1308 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 04 November 2022; Ref: scu.682178
Judges: Mr Justice Supperstone Citations: [2020] EWHC 590 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 03 November 2022; Ref: scu.648882
The defendant sought to resist the European Arrest Warrant, saying that her extradition would breach her and her family’s human right to a family life. Since fleeing Poland, she had lived in the UK and now had young children attanding school. Judges: Ouseley J Citations: [2012] EWHC 25 (Admin) Links: Bailii Statutes: Extradition Act 2003 … Continue reading F-K, Regina (on The Application of) v Polish Judicial Authority: Admn 19 Jan 2012
Judges: Whipple J Citations: [2020] EWHC 2832 (Admin) Links: Bailii Statutes: Extradition act 2003 91 Jurisdiction: England and Wales Extradition Updated: 31 October 2022; Ref: scu.659896
Late evidence from requesting state was admissible The USA sought A’s extradition. It had been previously refused on the grounds of expected suicide of A if subjected to US prison conditions. Held: The order refusing extradition was quashed, and the matter referred to the Magistrates’ Court with a direction to proceed as the DJ would … Continue reading United States of America v Assange: Admn 10 Dec 2021
Citations: [2006] EWHC 1518 (Admin) Links: Bailii Statutes: Extradition Act 2003 3 Jurisdiction: England and Wales Extradition Updated: 27 October 2022; Ref: scu.242949
Judges: The Honourable Mr Justice King Citations: [2014] EWHC 2193 (Admin), [2014] WLR(D) 292 Links: Bailii, WLRD Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 26 October 2022; Ref: scu.533781
Ghana appealed from refusal of extradition of the respondent to face a charge of murder. The only sentence for murder in Ghana was death, but the government had undertaken not to impose that sentence. The district judge accepted the undertaking, but felt that the imposition of such a sentence even with the undertaking would infringe … Continue reading The Government of Ghana v Gambrah and Another: Admn 16 May 2014
Citations: [2016] ScotSC 7 Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: Scotland Extradition Updated: 24 October 2022; Ref: scu.562044
The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder. Held: The transfer was a breach of the applicants’ rights. The Iraqis had re-introduced the death penalty for such crimes which they said amounted to war crimes. The … Continue reading Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009
It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face life imprisonment without the chance for parole. Held: The abolition of the death … Continue reading Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
Ss.84(2)-(4) of the 2003 Act extend the scope of admissible evidence in line with the modern domestic approach to the admissibility of hearsay evidence Judges: Moses LJ, Kenneth Parker J Citations: [2013] EWHC 819 (Admin) Links: Bailii Statutes: Extradition Act 2003 84(2) 84(3) 84(4) Jurisdiction: England and Wales Cited by: Cited – The Government of … Continue reading Patel v Government of India and Another: Admn 18 Apr 2013
(Grand Chamber) – The applicant had been detained in Kenya. He had allowed himself to be taken by Kenyan officials to Nairobi airport in the belief that he was free to leave for a destination of his choice, but they took him to an aircraft in which Turkish officials were waiting for him and he … Continue reading Ocalan v Turkey: ECHR 12 May 2005
(Belize) The Criminal Code of Belize provided that any murder by shooting was to be treated as Class A Murder, and be subject to the mandatory death penalty. The applicant having been convicted, appealed saying this was inhuman or degrading treatment, and infringed his human rights under the constitution. Held: The crime of murder embraced … Continue reading Reyes v The Queen: PC 11 Mar 2002
False Judges: Mitting J Citations: [2014] EWHC 1216 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Cited by: Cited – The Government of Ghana v Gambrah and Another Admn 16-May-2014 Ghana appealed from refusal of extradition of the respondent to face a charge of murder. The only sentence for murder in Ghana … Continue reading Haroon Aswat, Regina (on The Application of) v Secretary of State for Home Department: Admn 16 Apr 2014
The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate. Held: The case followed on where the Anderson case left off. In these cases the judge had noted that he did not think the … Continue reading Regina v Lichniak: HL 25 Nov 2002
In each case the appellant had been convicted of particularly serious murders and had been given whole life terms. They now appealed saying that such sentences were incompatible with their human rights after the ruling of the ECHR Grand Chamber in Vinter v UK. Held: The appeals failed. Judges: Lord Thomas of Cwmgiedd, LCJ; Sir … Continue reading Regina v McLoughlin; Regina v Newell: CACD 18 Feb 2014
(Grand Chamber) The appellants had each been convicted of more than one murder and had been sentenced to whole life terms. They complained that the absence of a possibility of review or remission was a breach of their rights. Held: For a life sentence to remain compatible with Article 3 there must be a prospect … Continue reading Vinter And Others v The United Kingdom: ECHR 9 Jul 2013
The applicant challenged his extradition to Poland to serve prison sentences already imposed. He said that the offence did not meet the dual criminality requirement. Judges: Keith J Citations: [2013] EWHC 432 (Admin) Links: Bailii Statutes: Extradition Act 2003 1 10(2) Jurisdiction: England and Wales Extradition Updated: 17 October 2022; Ref: scu.471508
The defendant appealed against an order for his extradition, saying that the request was defective in three respects, and that there was a bar to extradition in that, due to the passage of time since the alleged abuse is said to have taken place, it would be unjust or oppressive to extradite the appellant to … Continue reading Beresford v The Government of the Commonwealth of Australia: Admn 13 Oct 2005
