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
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
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
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
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
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
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
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
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 House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966
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 . .
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‘Rolled-up’ application under section 103(1) of the Extradition Act 2003 (‘the 2003 Act’) for permission to appeal against the decision of District Judge Richard Blake on 31 May 2019 to send the applicant’s case to the Secretary of State under . .
Appeal against an order for the appellant’s extradition to Croatia, which is a category 2 state under the Extradition Act 2003. . .
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
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 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 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
‘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
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
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
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
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
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
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 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
The applicant objected to his proposed extradition to Albania, saying that he would not receive a fair trial. An examination of the reports disclosed that counsel for the Lord Advocate’s analysis of them was correct. None of the examples of the particular deficiencies in the judicial system impacted on circumstances in which the appellant would … Continue reading Kapri v The Lord Advocate for and On Behalf of The Court of First Instance Judicial District of Elbasan, Albania: HCJ 2 Feb 2012
An EAW had been issued against Z based on four convictions by Polish courts for which he had received aggregated sentences of 45 months, as recorded in the EAW. After Mr Zakrzewski had been brought before the District Judge (and the hearing of his case had been adjourned), an order had been made by the … Continue reading Zakrzewski v District Court In Torun, Poland and Another: Admn 7 Feb 2012
Judges: Moses LJ, Dobbs J Citations: [2011] EWHC 1348 (Admin) Links: Bailii Statutes: Extradition Act 2003 36(8) Extradition Updated: 01 October 2022; Ref: scu.449859
Appeal against the decision to send the appellant’s case to the Secretary of State under section 87(3) of the 2003 Act. The government of the Republic of Albania had sought the extradition of the appellant to serve a sentence of life imprisonment for an offence of murder. T Judges: Beatson LJ, Cranston J Citations: [2014] … Continue reading Voci v Government of The Republic of Albania: Admn 16 Oct 2014
The claimants sought to challenge the decision declining to order the discharge of the applicants pursuant to S.36(8) of the Extradition Act 2003. Judges: Laws LJ, Simon, Ouseley JJ Citations: [2014] EWHC 4631 (Admin) Links: Bailii Statutes: Extradition Act 2003 36(8) Jurisdiction: England and Wales Extradition Updated: 28 September 2022; Ref: scu.545131
Appeal brought before the court under section 26 against a decision directing that the appellant be extradited to Poland to face a charge essentially of obtaining money to which she was not entitled when she was in charge of a school in Poland. The amount in question is something in the order of andpound;17,000, or … Continue reading Jawulska, Regina (on The Application of) v The Regional Court In Szezecin Poland: Admn 21 Mar 2014
(City of Westminster Magistrates’ Court) The defendant resisted extradition to South Africa pleading that he suffered mental illness. Held: ‘There is undoubted hardship for Mr Dewani if extradited. That hardship is more than ordinary hardship. The chances of an early recovery, or even any recovery, reduce, and the risk of suicide increases. However, when all … Continue reading South Africa v Dewani: Misc 10 Aug 2011
Judges: Lord Osborne, Lord Reed, Lord Mackay of Drumadoon Citations: [2011] ScotHC HCJAC – 77 Links: Bailii Statutes: Extradition Act 2003 Cited by: Appeal from – BH and Another v The Lord Advocate and Another SC 20-Jun-2012 The appellants wished to resist their extradition to the US to face criminal charges for drugs. As a … Continue reading BH and Another v HM Advocate: HCJ 29 Jul 2011
The extradition court objected to the defendant’s appeal against extradition on the basis that it was not filed within time. Held: Section 26(4) of the 2003 Act does not require that service of the Notice of Appeal on the Respondent must post date its filing in the court. Collins J said: ‘What matters for the … Continue reading Kane, Regina (on The Application of) v Trial Court No 5 Marbella, Spain: Admn 17 Mar 2011
The Home Secretary argued that the defendant’s attempted appeal against an extradition order was out of time and that accordingly the court had no jurisdiction to hear an appeal. Notice of service of the appeal was one day out of time. Held: What had been served was not a notice of appeal but merely notice … Continue reading Halligen v Secretary of State for The Home Department: Admn 21 Jun 2011
The defendant appealed against her extradition under a European Arrest Warrant, saying that an order would be a disproportionate interference in her, and family’s, human rights to a family life. Citations: [2011] EWHC 1145 (Admin) Links: Bailii Statutes: European Convention on Human Rights 8, Extradition Act 2003 14 Cited by: Appeal from – HH v … Continue reading HH, Regina (on The Application of) v City of Westminster Magistrates Court: Admn 11 May 2011
Judges: Foskett J Citations: [2011] EWHC 873 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 06 September 2022; Ref: scu.431896
The unrepresented defendant, in custody, prepared his notice of appeal against an extradition order, and it was then faxed for him in draft form to the judicial authority and filed, all within the 7 day period, but no stamped copy was served, or indeed received back by the defendant, until much later. Held: Following Walerianczyk, … Continue reading Bergman, Regina (on The Application of) v District Court In Kladno Czech Republic: Admn 28 Jan 2011
Four cases in which the appellants sought to appeal under either Part 1 or Part 2 of the Extradition Act 2003, raising issues as to whether the appeals were within the strict time limits of 7 days, imposed by section 26(4) of the 2003 Act in relation to Part 1 Territories, or of 14 days … Continue reading Lumenica v Government of Albania: Admn 17 Jul 2012
Application for judicial review of the defendant’s decision not to discharge the claimants from extradition proceedings. Judges: Laws LJ, Bennett J Citations: [2011] EWHC 34 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 31 August 2022; Ref: scu.428078
Citations: [2006] EWHC (Admin) 1616 Links: Bailii Statutes: Extradition Act 2003 103 Jurisdiction: England and Wales Extradition Updated: 29 August 2022; Ref: scu.242958
The defendant sought to appeal against an order for his extradition. He now sought leave to bring judicial review against of the refusal of the court office to accept his notice had been defective, being out of time. Held: Judicial review was not the appropriate way to challenge such a decision. Permission to apply was … Continue reading Arunthavaraja v Administrative Court Office: Admn 9 Jul 2009
Judges: Laws LJ, Coulson J Citations: [2010] EWHC 2305 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 24 August 2022; Ref: scu.424101
Judges: Keene LJ, Owen J Citations: [2008] EWHC 2619 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Cited by: Cited – Taylor v HMP Wandsworth and Others Admn 15-May-2009 . . Lists of cited by and citing cases may be incomplete. Extradition Updated: 24 August 2022; Ref: scu.277542
Judges: Lord Justice Gage Mr Justice Openshaw Citations: [2005] EWHC 2849 (Admin) Links: Bailii Statutes: Extradition Act 2003 21(3) Jurisdiction: England and Wales Extradition Updated: 24 August 2022; Ref: scu.237816
ECJ Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European Arrest Warrant – Reason for mandatory non-execution – Principle ne bis in idem principle – Fundamental right – when the application merits has been delivered in the State Member of issue – Meaning of ‘same acts’ – Autonomous concept – Scope. Citations: C-261/09, … Continue reading Mantello (Police And Judicial Cooperation In Criminal Matters): ECJ 7 Sep 2010
In an appeal against an order for extradition, the service of a draft Notice of Appeal followed by the filing of the Notice of Appeal itself is not capable of complying with the requirement that Notice of Appeal be given within the permitted period. Judges: Stanley Burnton LJ, Nicol J Citations: [2010] EWHC 2149 (Admin), … Continue reading Regional Court In Konin, Poland v Walerianczyk: Admn 12 Aug 2010
The applicants complained of delays in their extraditions. Held: ‘It seems to us that, whether the concurrent fault of the requesting state is regarded as keeping the chain of causation intact, albeit attenuated, or is regarded as an exceptional circumstance, it is wrong for the reasons given by Lord Edmund-Davies to leave it out of … Continue reading Goodyer and Gomes v Government of Trinidad and Tobago: Admn 22 Aug 2007
Judges: Lord Justice Treacy And Mr Justice Nicol Citations: [2014] EWHC 1879 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 22 August 2022; Ref: scu.526399
Citations: [2008] EWHC 1111 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 20 August 2022; Ref: scu.268711
