Extradition - 1997

The case shown here are derived from the lawindexpro case law database. lawindexpro is a low cost case law database, with over 260,000 case listings, and over 200,000 links to full text judgments. The free service below shows the core information on the case, but is restricted in several ways. A small proportion of cases do allow access to the full lawindexpro information. These cases are selected at random, and may be different on your next visit. The active links through to lawindexpro are extremely powerful allowing full access to all linked cases.  

This page lists 24 cases, and was prepared on 28 October 2012.

In the Matter of Peter Neumann, In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum, In the Matter of Extradition Act 1989 [1997] EWHC Admin 8
14 Jan 1997 Admn	Extradition
	Extradition Act 1989
	Link[s] omitted

In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum ex parte Rachid Ramda ex parte Mustapha Boutarfa [1997] EWHC Admin 122
11 Feb 1997 Admn	Extradition
	Extradition Act 1989
	Link[s] omitted

Regina -v- Secretary of State for Home Department ex Parte [1997] EWHC Admin 208; [1999] QB 886
3 Mar 1997 Admn	Extradition	Casemap 1 Cites 1 Citers
	The section imposed the conduct test as set out in Nielsen, not the narrower approach adopted in Aronson.
	Extradition Act 1989 11
	Link[s] omitted

Regina -v- Secretary of State For The Home Department, Ex Parte Launder [1997] 1 WLR 839; [1997] UKHL 20; [1997] 3 All ER 992
13 Mar 1997 HL Lord Hope of Craighead	Extradition, Human Rights	Casemap 1 Cites
	The question arose as to whether or not the decision of the Secretary of State to extradite the applicant to Hong Kong would have amounted to a breach of the European Convention on Human Rights. Although the Convention was not at that time in force in the United Kingdom, the Secretary of State had concluded that his decision to extradite would not amount to a breach of the applicant’s human rights. Held: "it is necessary first to mention the situation at that time and then to examine the situation at the present stage. Although we are concerned primarily with the reasonableness of the decisions at the time when they were taken we cannot ignore these developments. We are dealing in this case with concerns which have been expressed about human rights and the risks to the respondent's life and liberty." but "If the applicant is to have an effective remedy against a decision which is flawed because the decision maker has misdirected himself on the Convention which he himself says he took into account, it must surely be right to examine the substance of the argument. The ordinary principles of judicial review permit this approach because it was the rationality of legality of the decisions and not to some independent remedy that Mr Vaughan directed his argument." The court must assume that China will comply with its treaty obligations and provide a fair trial for someone returned to Hong Kong under extradition after the Hong Kong take-over by China.
	Extradition Act 1989 6(4)
	Link[s] omitted

In the Matter of Eugene Richard Kern -v- In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum -v- In the Matter of Extradition Act 1989 [1997] EWHC Admin 320
25 Mar 1997 Admn	Extradition
	Extradition Act 1989
	Link[s] omitted

Sergio Cuoghi -v- Governor of Brixton Prison and Government of Switzerland [1997] EWCA Civ 1362
26 Mar 1997 CA	Extradition	Casemap 1 Citers
	Link[s] omitted

In Re Levin; Regina -v- Governor of Brixton Prison, Ex parte Levin [1997] Crim LR 891; [1997] 3 All ER 289; [1997] 3 WLR 117; [1998] 1 Cr App Rep 22; [1997] UKHL 27; [1997] AC 741
10 Apr 1997 HL Lord Goff of Chieveley, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Hutton	Crime, Extradition	Casemap 1 Cites 1 Citers
	The applicant had been detained pending extradition to the United States on charges of fraud. He said the evidence would not have been sufficient to justify his committal for trial. Held: The Francis case did not establish that the 1984 Act did not apply to extradition procceedings, and they might also be admissible under the 1988 Act. At issue there was whether the accused had used a computer terminal to gain unauthorised access to the computerised fund transfer services of a bank in order to make fraudulent transfers of funds from accounts of clients of the bank to accounts which he controlled. Each request for a transfer was processed automatically and a record of the transaction was copied to the computer’s historical records. The printout of screen displays of these records was admissible to prove the transfers of funds they recorded. Lord Hoffman stated: “they do not assert that such transfers took place. They recorded the transfers…. The evidential status of the printouts is no different from that of a photocopy of forged cheques.”
	Police and Criminal Evidence Act 1984 69 - Extradition Act 1989 - Criminal Justice Act 1988 23 24
	Link[s] omitted

In the Matter of Boutrus Abdul Aziz Al-Salaam; In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum, In the Matter of Extradition Act 1989, In the Matter of United States of America (Extradition) Order S 1 No 2144 of 1976 [1997] EWHC Admin 354
11 Apr 1997 Admn	Extradition
	Extradition Act 1989
	Link[s] omitted

In the Matter of Vito Dell'Aglio -v- In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum -v- In the Matter of Extradition Act 1989 [1997] EWHC Admin 428
30 Apr 1997 Admn	Extradition
	Extradition Act 1989
	Link[s] omitted

Abdullah -v- Governor of HM Prison Brixton and Government of Belguim [1997] EWHC Admin 437
2 May 1997 Admn	Extradition
	Link[s] omitted

Regina -v- Government of United States of America Bow Street Stipendiary Magistrate Governor of Hm Prison, Brixton ex parte Adeniyi Momodu Allison [1997] EWHC Admin 462
13 May 1997 Admn Kennedy LJ and Blofeld J	Extradition, Crime	Casemap 1 Cites 1 Citers
	Link[s] omitted

In the Matter of Launder In the Matter of Extradition Act 1989 In the Matter of an Application for Bail [1997] EWHC Admin 490
21 May 1997 Admn	Extradition	Casemap 1 Cites 1 Citers
	Extradition Act 1989
	Link[s] omitted

Regina -v- Secretary of State for Home Department ex parte James Bell Gilmore and Andrew Olabayo Ogun [1997] EWHC Admin 530; [1999] QB 611
6 Jun 1997 Admn	Extradition	Casemap 1 Citers
	An 'offence under the Act' does not include a conspiracy to commit that offence for purposes of extradition proceedings. The court rejected an argument that the effect of the Act of 1989 was to free the Treaty from the constraints imposed by the schedule to the Act of 1870.
	Extradition Act 1870 - Extradition Act 1989 Sch 2
	Link[s] omitted

In the Matter of Susan Heather Goddard, In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum, In the Matter of Extradition Act 1989 [1997] EWHC Admin 541
10 Jun 1997 Admn	Extradition
	Extradition Act 1989
	Link[s] omitted

In the Matter of Ramda In the Matter of Boutarfa [1997] EWHC Admin 591
25 Jun 1997 Admn	Extradition
	Link[s] omitted

Regina -v- In the Matter of Nashwan Dawood Ismail -v- In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum -v- In the Matter of Extradition Act 1989 [1997] EWHC Admin 616
2 Jul 1997 Admn	Extradition
	Extradition Act 1989
	Link[s] omitted

In the Matter of Extradition Act 1989 and In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum [1997] EWHC Admin 637
7 Jul 1997 Admn	Extradition
	Extradition Act 1989
	Link[s] omitted

In the Matter of Major Singh; In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum -v- In the Matter of Extradition Act 1989 [1997] EWHC Admin 681
14 Jul 1997 Admn	Extradition
	Extradition Act 1989
	Link[s] omitted

Sergio Cuoghi v Governor of Her Majesty's Prison Brixton and Government of Switzerland [1997] EWCA Civ 2109; [1997] 1 WLR 1346
15 Jul 1997 CA Lord Bingham of Cornhill LCJ	Extradition, Criminal Practice	1 Cites 1 Citers
	The obtaining of an order to obtain evidence in support of a writ of habeas corpus application is a criminal matter. The Court of Appeal has no civil jurisdiction. Extradition proceedings, as well as proceedings ancillary or incidental to those proceedings and including a habeas corpus application, were to be regarded as a criminal cause or matter. Lord Bingham CJ considered that, when determining if proceedings are a criminal cause or matter, three questions were pertinent: (i) What is the purpose of the application [during which the impugned decision was made]? (ii) Is it a step in the process of bringing a defendant to trial? (iii) Can it affect the conduct of the trial?
	Extradition Act 1989 7 9(8) 11(3) - Criminal Justice (International Co-operation) Act 1990 3
	Link[s] omitted

In the Matter of Alfred James Davies -v- In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum -v- In the Matter of Extradition Act 1989 [1997] EWHC Admin 733
30 Jul 1997 Admn	Extradition
	Extradition Act 1989
	Link[s] omitted

Vladimir Leonidovich Levin, In re [1997] EWHC Admin 789
28 Aug 1997 Admn	Extradition
	Extradition Act 1989 Sch 1 para 10
	Link[s] omitted

Regina -v- In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum Governor of HM Prison Brixton, ex parte Franco Barone [1997] EWHC Admin 988
7 Nov 1997 Admn Lord Justice Kennedy	Extradition	Casemap 1 Cites 1 Citers
	The defendant had been convicted in his absence by a court in Turin and in respect of whom there was uncontradicted evidence before their lordships that if he were returned to that jurisdiction he would, under the relevant Italian procedures, be wholly unable to avail himself of any right of appeal. Held: A fugitive offender who has been convicted in absentia by a requesting state, shall not be returned to such state if it appears to the Secretary of State that it would not be in the interest of justice to return him.
	Extradition Act 1989 6(2)
	Link[s] omitted

Regina -v- Swindon Magistrates' Court; Swindon Crown Court; Chief Constable of Wiltshire Police ex parte Nangle, Regina -v- Staines Magistrates' Court; Metropolitan Police Commissioner ex parte Westfallen, Regina -v- Staines [1997] EWHC Admin 1076
2 Dec 1997 Admn	Magistrates, Extradition
	The claimants challenged decisions of the magistrates in cases where they had refused to ask how the claimants had been brought within the jurisdiction. They said that they had been brought here under wrongful disguised extraditions.
	Link[s] omitted

Launder -v- The United Kingdom (1997) 25 EHRR CD67; [1997] ECHR 106
8 Dec 1997 ECHR	Human Rights, Extradition	Casemap 1 Cites 1 Citers
	The Commission considered the admissibility of a complaint that the United Kingdom would violate articles 2, 3, 5, 6 and 8 if it extradited him to the Hong Kong Special Administrative Region. Held. The application was manifestly ill-founded: "The Commission considers that it is only in exceptional circumstances that the extradition of a person to face trial on charges of serious offences committed in the requesting state would be held to be an unjustified or disproportionate interference with the right to respect for family life."
	European Convention on Human Rights 8
	Link[s] omitted