Links: Home | swarblaw - law discussions

swarb.co.uk - law index


These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Extradition - From: 1997 To: 1997

This page lists 24 cases, and was prepared on 21 May 2019.

 
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
[ Bailii ]
 
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
[ Bailii ]
 
Regina v Secretary of State for Home Department ex Parte [1997] EWHC Admin 208; [1999] QB 886
3 Mar 1997
Admn

Extradition
The section imposed the conduct test as set out in Nielsen, not the narrower approach adopted in Aronson.
Extradition Act 1989 11
1 Cites

1 Citers

[ Bailii ]

 
 Regina v Secretary of State For The Home Department, Ex Parte Launder; HL 13-Mar-1997 - Gazette, 18 June 1997; Times, 26 May 1997; [1997] 1 WLR 839; [1997] UKHL 20; [1997] 3 All ER 992
 
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
[ Bailii ]
 
Sergio Cuoghi v Governor of Brixton Prison and Government of Switzerland [1997] EWCA Civ 1362
26 Mar 1997
CA

Extradition

1 Citers

[ Bailii ]
 
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
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.”
Lord Hoffmann discussed the nature of extradition proceedings: "Finally, I think that extradition proceedings are criminal proceedings. They are of course criminal proceedings of a very special kind, but criminal proceedings nonetheless.
Both case law and the terms of the Extradition Act 1989 point to extradition proceedings being categorised as criminal. First, the cases. In Amand v. Home Secretary and Minister of Defence of Royal Netherlands Government [1943] A.C. 147 this House approved the decision of the Court of Appeal in Ex parte Alice Woodhall (1888) 20 Q.B.D. 832 that the refusal of an application for habeas corpus by a person committed to prison with a view to extradition was a decision in a 'criminal cause or matter.' It would seem to me to follow a fortiori that the extradition proceedings themselves are criminal proceedings and in Amand's case Viscount Simon L.C. said, at p 156, that the cases demonstrated that 'the matter in respect of which the accused is in custody may be "criminal" although he is not charged with a breach of our own criminal law.'
Secondly, the Extradition Act 1989. Section 9(2) and paragraph 6(1) of Schedule 1 require that extradition proceedings should be conducted "as nearly as may be" as if they were committal proceedings before magistrates. Committal proceedings are of course criminal proceedings and these provisions would make little sense if the metropolitan magistrate could not apply the normal rules of criminal evidence and procedure. The suggestion of counsel in Ex parte Francis that extradition proceedings were 'sui generis' would only make matters worse, because it would throw doubt upon whether the magistrate could apply the rules of civil evidence and procedure either."
Police and Criminal Evidence Act 1984 69 - Extradition Act 1989 - Criminal Justice Act 1988 23 24
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
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
[ Bailii ]
 
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
[ Bailii ]
 
Abdullah v Governor of HM Prison Brixton and Government of Belguim [1997] EWHC Admin 437
2 May 1997
Admn

Extradition

[ Bailii ]
 
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

Extradition Act 1989
1 Cites

1 Citers

[ Bailii ]
 
Regina v Secretary of State for Home Department ex parte Gilmore and Ogun Times, 04 July 1997; [1997] EWHC Admin 530; [1999] QB 611
6 Jun 1997
Admn

Extradition
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
1 Citers

[ Bailii ]
 
Regina v Governor of Brixton Prison and Another; Ex Parte Bekar Times, 10 June 1997; Gazette, 18 June 1997
10 Jun 1997
QBD

Extradition
A foreign warrant is always validated under S 26 whether or not extradition sought under Schedule 1 Part III.
Extradition Act 1989 26

 
In the Matter of Ramda In the Matter of Boutarfa [1997] EWHC Admin 591
25 Jun 1997
Admn

Extradition

[ Bailii ]
 
Art James Laycock v Governor of Brixton Prison and Goverment of USA [1997] EWHC Admin 596
26 Jun 1997
Admn

Extradition

[ Bailii ]
 
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
[ Bailii ]
 
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
[ Bailii ]
 
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
[ Bailii ]

 
 Sergio Cuoghi v Governor of Her Majesty's Prison Brixton and Government of Switzerland; CA 15-Jul-1997 - Times, 24 July 1997; [1997] EWCA Civ 2109; [1997] 1 WLR 1346
 
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
[ Bailii ]
 
Vladimir Leonidovich Levin, In re [1997] EWHC Admin 789
28 Aug 1997
Admn

Extradition

Extradition Act 1989 Sch 1 para 10
[ Bailii ]

 
 Regina v In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum Governor of HM Prison Brixton, ex parte Barone; Admn 7-Nov-1997 - [1997] EWHC Admin 988
 
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.
[ Bailii ]

 
 Launder v The United Kingdom; ECHR 8-Dec-1997 - (1997) 25 EHRR CD67; [1997] ECHR 106
 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.