Search Results for: Extradition Act 1870 10

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Acts

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Regina v Governor of Pentonville Prison, Ex parte Sinclair; Sinclair v Director of Public Prosecutions: HL 1991

The applicant had left the USA after conviction, but before his prison term commenced, and a warrant issued. Nine years later he was arrested in the UK, and extradition sought. He said that the extradition was time-barred under the Order. The magistrates, and divisional court rejected the argument saying his claim was an abuse of … Continue reading Regina v Governor of Pentonville Prison, Ex parte Sinclair; Sinclair v Director of Public Prosecutions: HL 1991

Schtraks v Government Of Israel And Others: HL 6 Sep 1962

Extradition — Habeas corpus — Nature of proceedings — Whether further evidence not before chief magistrate when making committal order admissible — Extradition Act, 1870 (33 and 34 Vict. c. 52), s. 3 (1). Extradition — Political offence — Political character of offence connotes idea of asylum in England for political fugitive — Fugitive must … Continue reading Schtraks v Government Of Israel And Others: HL 6 Sep 1962

N v the Secretary of State for the Home Department: CA 16 Oct 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

Regina v Governor of Pentonville Prison ex parte Cheng: HL 16 Apr 1973

Lord Diplock traced the history of the political offence exception to offences requiring extradition, and emphasised the need for a connection between the impugned conduct and changes to government or government policy: ‘My Lords, the noun that is qualified by the adjectival phrase ‘of a political character,’ is ‘offence.’ One must, therefore, consider what are … Continue reading Regina v Governor of Pentonville Prison ex parte Cheng: HL 16 Apr 1973

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 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

In Re Khalid Al-Fawwaz (Application for a Writ of Habeas Corpus) (on Appeal From a Divisional Court of the Queen’s Bench Division): HL 17 Dec 2001

The fact that a crime for which extradition was sought was extra-territorial one to the country making the request, was not enough to counter the application. The schedule required the person to be ‘accused or have been convicted of an extradition crime committed within the jurisdiction of any foreign state’ The reference to jurisdiction was … Continue reading In Re Khalid Al-Fawwaz (Application for a Writ of Habeas Corpus) (on Appeal From a Divisional Court of the Queen’s Bench Division): HL 17 Dec 2001

Regina v Secretary of State for Home Department ex Parte: Admn 3 Mar 1997

The section imposed the conduct test as set out in Nielsen, not the narrower approach adopted in Aronson. Citations: [1997] EWHC Admin 208, [1999] QB 886 Links: Bailii Statutes: Extradition Act 1989 11 Citing: Cited – Government of Canada v Aronson; Director of Public Prosecutions v Aronson HL 20-Jul-1989 The Canadian Government asked for the … Continue reading Regina v Secretary of State for Home Department ex Parte: Admn 3 Mar 1997

Regina v Governor of Pentonville Prison, Ex Parte Osman: QBD 30 Mar 1988

The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international borders, if he had committed the acts alleged in the UK an offence would not have been committed, since the funds … Continue reading Regina v Governor of Pentonville Prison, Ex Parte Osman: QBD 30 Mar 1988

Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation of illegal immigration, fell within the European framework list, but section 65(2)(a) was not satisfied. Held: ‘the … Continue reading Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

Regina v Governor of Pentonville Prison, ex parte Zezza: HL 1983

In the context of an application for extradition, where the conviction was a ‘conviction for contumacy’ that phrase is not defined. It does not have an ordinary meaning in the English language. ‘Contumacy’ indicates insubordination or disobedience in the face of the court, but the concept of a ‘conviction for contumacy’ is something with which … Continue reading Regina v Governor of Pentonville Prison, ex parte Zezza: HL 1983

Armah v Government of Ghana and Another: HL 1968

The appellant was committed under 1881 Act to await his return to Ghana to face trial on corruption charges. He applied for a writ of habeas corpus contending inter alia that it would be unjust and oppressive to return him since he would be liable to be tried under the provisions of the Corrupt Practices … Continue reading Armah v Government of Ghana and Another: HL 1968

VB and Others v Westminster Magistrates: SC 5 Nov 2014

Extraditions to follow normal open justice rules Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence but only in private and not being seen by the representatives of Rwanda. Held: The magistrate hearing such proceedings … Continue reading VB and Others v Westminster Magistrates: SC 5 Nov 2014

Norris v United States of America and others: HL 12 Mar 2008

The detainee appealed an order for extradition to the USA, saying that the offence (price-fixing) was not one known to English common law. The USA sought his extradition under the provisions of the Sherman Act. Held: It was not, and it would be wrong in principle to decide that it was: ‘The common law recognised … Continue reading Norris v United States of America and others: HL 12 Mar 2008