swarb.co.uk - law index
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Extradition - From: 1849 To: 1899
This page lists 3 cases, and was prepared on 21 May 2019.
In re Coppin (1866) LR 2 ChApp 47
1866
Lord Chelmsford LC
Crime, Extradition
The French sought to extradite Coppin who had been convicted by a court in Paris in his absence in a conviction "par contumace". That conviction might be annulled if he surrendered to the court's jurisdiction, when he would be tried again for the offence with which he had been charged, in exactly the same way as if no proceedings had been taken against him. Held: Coppin had to be treated as an accused person for extradition purposes. Such a trial would not differ from that of a party who was put on his trial without any previous condemnation: "But, if, in order that no part of the argument for the prisoner may be disregarded, I should assume that it has been established that the judgment par contumace does work some prejudice to the party upon the trial, either by reducing the amount of necessary proof, or by changing its character, or by making him liable to costs, how could that possibly take him out of the category of accused persons? He has ceased to be a person condemned, because his condemnation is annulled upon his appearance, and he is to take his trial for offences with which he stands charged. What better, I ought rather to say what other, description of him could be given than that of a person accused?"
1 Citers
Ex parte Alice Woodhall (1888) 20 QBD 832
1888
CA
Lindley LJ, Lord Esher MR
Extradition
Extradition proceedings are in their nature criminal proceedings. Lindley LJ said: "Can we say that the application in the present case is not an application in a criminal cause or matter? I think that in substance it certainly is. Its whole object is to enable the person in custody to escape being sent for trial in America upon a charge of forgery."
Lord Esher MR said that the phrase 'criminal cause or matter' should receive the widest possible interpretation.
1 Citers
In re Castioni; 1891 - [1891] QB 149
