Citations: [1997] EWHC Admin 490 Links: Bailii Statutes: Extradition Act 1989 Jurisdiction: England and Wales Citing: See Also – Regina v Secretary of State for Home Department ex parte Launder Admn 6-Aug-1996 The exercise of a discretion on extradition is judicially reviewable in the same way as are other decisions. . . See Also – … Continue reading In the Matter of Launder In the Matter of Extradition Act 1989 In the Matter of an Application for Bail: Admn 21 May 1997
Citations: [1997] EWHC Admin 681 Links: Bailii Statutes: Extradition Act 1989 Extradition Updated: 26 May 2022; Ref: scu.137626
Citations: [1997] EWHC Admin 637 Links: Bailii Statutes: Extradition Act 1989 Extradition Updated: 26 May 2022; Ref: scu.137582
Citations: [1997] EWHC Admin 616 Links: Bailii Statutes: Extradition Act 1989 Jurisdiction: England and Wales Extradition Updated: 26 May 2022; Ref: scu.137561
Citations: [1997] EWHC Admin 427 Links: Bailii Jury Updated: 26 May 2022; Ref: scu.137372
Citations: [1997] EWHC Admin 428 Links: Bailii Statutes: Extradition Act 1989 Extradition Updated: 26 May 2022; Ref: scu.137373
Citations: [1997] EWHC Admin 354 Links: Bailii Statutes: Extradition Act 1989 Extradition Updated: 25 May 2022; Ref: scu.137299
Citations: [1997] EWHC Admin 320 Links: Bailii Statutes: Extradition Act 1989 Extradition Updated: 25 May 2022; Ref: scu.137265
Citations: [1997] EWHC Admin 8 Links: Bailii Statutes: Extradition Act 1989 Extradition Updated: 25 May 2022; Ref: scu.136953
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 1984 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Hilali v Governor of HMP Whitemoor and others Admn 25-Apr-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 … Continue reading Hilali v Central Court of Criminal Proceedings National Court (Madrid No 5): Admn 15 Jun 2007
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander complained that he should have been provided with the information in question, … Continue reading Leander v Sweden: ECHR 26 Mar 1987
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be made to the judge at the time of sentencing that the … Continue reading Soering v The United Kingdom: ECHR 7 Jul 1989
The applicant, a student had overstayed his leave. Through his solicitor’s negligence, he lost his appeal against deportation. He sought judicial review of that decision. Held: Judgment obtained in a party’s absence due entirely to the fault of that party or his advisor was not one obtained in breach of the rules of natural justice … Continue reading Al-Mehdawi v Secretary of State for the Home Department: HL 23 Nov 1989
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
The defendants resisted extradition to the US to face charges of conspiracy to murder US citizens, saying that as suspected terrorists the likely prison conditions in which they would be held would amount to inhuman or degrading treatment or punishment. Held: The applications failed. There is no one standard applicable across the world as to … Continue reading Bary and Another, Regina (on the Application of) v Secretary of State for the Home Department: Admn 7 Aug 2009
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 … Continue reading Launder v The United Kingdom: ECHR 8 Dec 1997
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
The claimants said that rules which allowed an appeal tribunal to proceed in their absence when they were absent through no fault of their own, were unlawful in depriving them of a fair trial. The claimants had each moved house but their former solicitors had failed to notify the court. Held: There was no general … Continue reading FP (Iran) v Secretary of State for the Home Department: CA 23 Jan 2007
The Canadian Government asked for the arrest of the defendant and for his return to Canada to face 78 allegations in Canada. The magistrate had determined that there was sufficient evidence in 66 cases. The detainee said that 69 offences were not ‘relevant offences’ within the Act. Held: The allegations did not disclose relevant offences, … Continue reading Government of Canada v Aronson; Director of Public Prosecutions v Aronson: HL 20 Jul 1989
The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts. Held: The charge was justiciable in England. The defendant appealed conviction on counts of … Continue reading Director of Public Prosecutions v Stonehouse: HL 1977
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
The applicant complained of ill-treatment while he was in the care of a local authority and living with foster parents. He sought access to his case records held by the local authority but his request was denied. Held: The refusal to allow him access to his records involved a breach of his rights under Article … Continue reading Gaskin v The United Kingdom: ECHR 7 Jul 1989
The prosecution have a duty to disclose to the defence the statement of an adverse witness and not just to provide the name and address, even though that person was not seen as credible witness by the prosecution. ‘the rule in Bryant and Dickson is not in conformity with the principles relating to disclosure established … Continue reading Regina v Mills, Regina v Poole: HL 24 Jul 1997
Citations: [1999] EWHC Admin 744 Links: Bailii Statutes: Extradition Act 1989 Extradition Updated: 28 May 2022; Ref: scu.140008
Citations: [1999] EWHC Admin 576 Links: Bailii Extradition Updated: 28 May 2022; Ref: scu.139840
The applicant, the former president of Chile, sought to challenge an order allowing an application for his extradition to proceed. He said that once the matters deemed inadmissible had been excluded, there was insufficicient ground to allow the proceedings to continue. Held: The court need not address the merits of the final application. There remained … Continue reading Regina v Secretary of State for Home Department ex parte Augusto Pinochet Ugarte: Admn 27 May 1999
Citations: [1999] EWHC Admin 293, [1999] EWHC Admin 382 Links: Bailii, Bailii Statutes: Extradition Act 1989 Extradition Updated: 28 May 2022; Ref: scu.139557
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. Citations: Times 04-Jul-1997, [1997] EWHC Admin … Continue reading Regina v Secretary of State for Home Department ex parte Gilmore and Ogun: Admn 6 Jun 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
Citations: [1997] EWHC Admin 122 Links: Bailii Statutes: Extradition Act 1989 Extradition Updated: 25 May 2022; Ref: scu.137067
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 … Continue reading In Re Levin; Regina v Governor of Brixton Prison, Ex parte Levin: HL 10 Apr 1997
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
A foreign warrant is always validated under S 26 whether or not extradition sought under Schedule 1 Part III. Citations: Times 10-Jun-1997, Gazette 18-Jun-1997 Statutes: Extradition Act 1989 26 Jurisdiction: England and Wales Extradition Updated: 05 May 2022; Ref: scu.86728
Justices were not to hear evidence on extradition of effect law of requesting country. Countries which are parties to an extradition treaty or the like have a mutual interest in seeing that persons who commit crimes in one country do not escape trial or punishment by fleeing abroad. The House described the legislative scheme: ‘There … Continue reading Re Evans: HL 7 Oct 1994
The plaintiff, who worked in financial services, complained of the terms of the reference given by his former employer. Having spoken of his behaviour towards members of the team, it went on: ‘his former superior has further stated he is a man of little or no integrity and could not be regarded as honest . … Continue reading Spring v Guardian Assurance Plc and Others: HL 7 Jul 1994
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
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 … Continue reading 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
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations. Held: The orders could not stand. Such orders were made by the executive without parliamentary scrutiny by the use of Orders in Council. Statutory provision for counter-terrorism was in … Continue reading HM Treasury v Ahmed and Others: SC 27 Jan 2010
In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. In OBG, the defendants acted as receivers under an invalid charge, and were accused of unlawful interference … Continue reading Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007
Ward has no extra privilege from Police Interview The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to the need for … Continue reading Re A Ward of Court: FD 4 May 2017
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
No General ty of Care Owed by Police The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members of the public who might … Continue reading Hill v Chief Constable of West Yorkshire: HL 28 Apr 1987
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 . .
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 . .
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An Extradition Court cannot request evidence from applicant country. Judges: Watkins LJ, Ognall J Citations: Independent 03-Mar-1993, [1993] EWHC Admin 6, [1993] 1 WLR 1294 Links: Bailii Statutes: Extradition Act 1989 7 9 Jurisdiction: England and Wales Criminal Practice, Extradition Updated: 21 July 2022; Ref: scu.87325
In an application to extradite the claimant, the court heard a complaint that the description of the conduct alleged in the request was not a fair description of that conduct. Two of the offences charged were of an attempt to cause really serious bodily injury to a police officer by the explosion of an explosive … Continue reading Castillo v The Kingdom of Spain, the Governor of HM Prison Belmarsh: Admn 13 Jul 2004
The second respondent sought the extradition of the applicant for trial for drugs offences. He said that the alleged offences were extra terratorial to the second defendant, but that extradition was restricted to intra territorial offences. Held: The importing of cannabis is an intra-territorial offence, as is a conspiracy to commit that offence. There was … Continue reading Goatley v The Governor of HM Prison Brixton and the Government of the Netherlands: QBD 20 Jun 2002
The absence of an authenticated documentation as required by the Act was not fatal to an extradition application. The magistrate could act on matters which were before him, but which had not been before the Home Secretary. Citations: Gazette 03-Jun-1998, Times 12-May-1998, [1998] EWHC Admin 474 Links: Bailii Statutes: Extradition Act 1989 7(4) Extradition Updated: … Continue reading Sergio Cuoghi v Governor of Her Majesty’s Prison Brixton and Government of Switzerland: Admn 30 Apr 1998
A statutory reference of offences was not required in an extradition application. Citations: Times 03-May-1993 Statutes: Extradition Act 1989 7 Jurisdiction: England and Wales Extradition Updated: 10 May 2022; Ref: scu.81883
A defendant in extradition proceedings may not bring his own evidence. He can make representations only. ‘There are thus six steps in the extradition of a suspect from the United Kingdom. First, the foreign court must consider that a charge of serious crime has been properly laid against the suspect on the basis of information … Continue reading Regina v Governor of Brixton Prison and Another Ex Parte Evans: HL 22 Jul 1994
Justices may not hear evidence from Defendant in extradition case. Citations: Times 10-Dec-1993 Statutes: Extradition Act 1989 7 Jurisdiction: England and Wales Citing: Appealed to – Regina v Governor of Brixton Prison and Another Ex Parte Evans HL 22-Jul-1994 A defendant in extradition proceedings may not bring his own evidence. He can make representations only. … Continue reading Regina v Governor of Brixton Prison and Another, Ex Parte Evans: QBD 10 Dec 1993
Citations: [2006] EWHC 3587 (Admin) Links: Bailii Statutes: Extradition Act 1989 Jurisdiction: England and Wales Extradition Updated: 20 December 2022; Ref: scu.249161
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
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: [1999] EWHC Admin 501 Links: Bailii Statutes: Extradition Act 1989 Jurisdiction: England and Wales Extradition Updated: 09 December 2022; Ref: scu.139765
The appellate sought judicial review to challenge an order for his return to Albania. He said that he would be subject to persecution from communist sympathizers, and his life was at risk for a blood feud. Adjudicators had variously accepted and rejected both claims, but concluded that he could avail himself of internal flight. He … Continue reading Hari Dhima v Immigration Appeal Tribunal: Admn 8 Feb 2002
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in court, but the plaintiff said that his wife had known the true position. He … Continue reading J v S T (Formerly J): CA 21 Nov 1996
The claimant sought a writ of habeas corpus. The Commissioners of Customs and Excise had requested the arrest of the claimant in the US pending extradition. It was not realised that the offence alleged was not sufficient to found extradition. The claimant volunteered repatriation. On his arrival back in the UK, he claimed that because … Continue reading Walker v The Governor of HM Prison Nottingham: Admn 25 Jan 2002
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
It was sought to extradite the defendant to face trial for two alleged murders. He now challenged the order for his extradition saying that his treatment in Missouri would amount to inhuman or degrading punishment in that if convicted he would face life imprisonment without the chance for parole. Held: The abolition of the death … Continue reading Wellington Regina, (on the Application of) v Secretary of State for the Home Department: HL 10 Dec 2008
The defendant had published a set of guidelines for intelligence officers called upon to detain and interrogate suspects. The defendant said that the guidelines could only be tested against individual real life cases, and that the court should not answer hypothetical questions. The objection lay to reactions to anticipated torture and mistreatment by third party … Continue reading Equality and Human Rights Commission v Prime Minister and Others: Admn 3 Oct 2011
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016
An Iranian citizen claimed asylum saying that he feared persecution as a homosexual. When his application was rejected, he claimed that there would be a breach of article 8 if he were to be removed to Iran because a law in that country prohibited adult consensual homosexual activity. Held: The application was declared inadmissible. The … Continue reading F v United Kingdom: ECHR 22 Jun 2004
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by torture, and in particular by the hiding of his detention for many months … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008
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
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001
The government of Spain had issued an arrest warrant and application for extradition in respect of Pinochet Ugarte for his alleged crimes whilst president of Chile. He was arrested in England. He pleaded that he had immunity from prosecution. Held: A head of state’s immunity from prosecution extends only to official acts performed in exercise … Continue reading Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998
The newspaper applied for leave to access documents referred to but not released during the course of extradition proceedings in open court. Held: The application was to be allowed. Though extradition proceedings were not governed by the Civil Procedure Rules, wider principles still applied. The open justice principle is a constitutional principle to be found … Continue reading Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: CA 3 Apr 2012
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986
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 appellant, a British national and European citizen was in prison in Bali convicted of a criminal charge for which she might face the death penalty. Having insufficient funds she sought legal assistance from the respondent for her appeal, and now appealed against its refusal. Held: The appeal failed. The respondent’s policy was clear and … Continue reading Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 22 May 2013
The applicants sought leave to bring judicial review of the decisions which led to the invasion of Iraq. They were relatives of servicemen who had died there. Held: The court’s only duty at this stage was to ask whether there was an arguable case. ‘A government is accountable to parliament and ultimately to the electorate … Continue reading Gentle and Others, Regina (on the Application of) v the Prime Minister and others: Admn 20 Dec 2005
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
Citations: [2008] EWHC 887 (Admin) Links: Bailii Statutes: Extradition Act 1989 12 Jurisdiction: England and Wales Extradition Updated: 14 July 2022; Ref: scu.267413
The applicant had been detained pending his extradition. He complained that that continued detention became unlawful after fundamantal changes in the case. The telephone intercepts which were the basis of the extradition had been ruled unlawful and inadmissible against a co-accused in the extraditing country, Spain. Held: The appeal failed. ‘The question whether there is … Continue reading Hilali, Re; Regina (Hilali) v Governor of Whitewall Prison and Another: HL 30 Jan 2008
The extradition of the defendant was requested by the US for breaches of insider dealing legislation. He claimed the issue of the order by the Home Secretary claiming it was not an extradition crime since at the time, the English equivalent offence related only to dealing on the Stock Exchange in London. Held: The decision … Continue reading Regina v Secretary of State for Home Department, ex parte Christian Norgren: Admn 18 Feb 2000
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
The exercise of a discretion on extradition is judicially reviewable in the same way as are other decisions. Citations: Times 29-Oct-1996, [1996] EWHC Admin 60 Statutes: Extradition Act 1989 12 Jurisdiction: England and Wales Citing: Cited – Regina v Governor of Pentonville Prison, Ex parte Sinclair; Sinclair v Director of Public Prosecutions HL 1991 The … Continue reading Regina v Secretary of State for Home Department ex parte Launder: Admn 6 Aug 1996
The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of the period, but failed to give first the requisite formal notice to … Continue reading Horton v Sadler and Another: HL 14 Jun 2006
The USA appealed against an order made in extradition proceedings. The defendants sought the supply of further papers by the prosecutor which might support their claim for abuse of process. The USA replied that the documents were protected by either diplomatic or legal professional prvilege. It was also disputed whether the 1989 or the 2003 … Continue reading United States of America, Regina (on the Application of) v Senior District Judge, Bow Street Magistrates Court, and Tollman and another: Admn 12 Jun 2006
Appeal against an extradition order for his extradition to Spain. The court was concerned with an issue of ‘extraneous circumstances’ arising under, respectively, section 6(1) of the 1989 Act and section 13 of the 2003 Act. Judges: Scott Baker LJ, Openshaw J Citations: [2006] EWHC 1239 (Admin), [2007] 1 WLR 768 Links: Bailii Statutes: Extradition … Continue reading Hilali v The National Court, Madrid and Another (No 5): Admn 26 May 2006
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004
The extraditee had been convicted in his absence in Italy having fled to avoid the trial. He complained that the trial process had been unfair and the evidence against him weak. Held: The court’s duty was not to investigate the evidential basis of a decision made by a competent foreign court. The application was dismissed. … Continue reading Mariotti v Government of Italy and others: Admn 2 Dec 2005
Private Hearings are Not in Secret H sought an order restricting reporting of the divorce financial remedy proceedings, or an anonymity order. Held: The application was refused save as to identification of the children, and certain tax matters. The hearing was listed as in Private restricted only that certain people only were entitled to attend, … Continue reading Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022
Citations: [2004] EWHC 2352 (Admin) Links: Bailii Statutes: Extradition Act 1989 11(3)(b) Jurisdiction: England and Wales Extradition Updated: 27 June 2022; Ref: scu.218868
The defendant was to have been accused of having unlawful sexual intercourse with a girl under 16. Proceedings could not be brought, because the allegation was more than a year old, and he was instead accused of indecent assault, but on the same facts. He appealed against his conviction, saying this was an abuse of … Continue reading Regina v J: HL 14 Oct 2004
The applicant sought his release from imprisonment where he awaited extradition to Germany. He was suspected of an offence of deception. He said there was insufficient evidence that the offence alleged would be an offence here. The alleged offence involved having misused the passwords of others, which was the deception of a machine. Held: Davies … Continue reading Holmes v Governor of Brixton Prison and Another: Admn 20 Aug 2004
The applicant sought to resist orders for the return to the US of what were alleged to be the proceeds (direct or indirect) of a fraud committed there. She had been in contempt of the court in the US and was a fugitive here. She complained that the US court had refused to allow her … Continue reading Government of the United States of America v Barnette and Montgomery (No 2): HL 22 Jul 2004
The appellants challenged the grant of planning permission for neighbouring land. They sought to protect their own amenities and the Tate Modern Gallery. Held: The only basis of the challenge was under article 8. Cases established of a breach of Art 8 in these circumstances had been for very serious breaches only. No absolute rights … Continue reading Lough and others v First Secretary of State Bankside Developments Ltd: CA 12 Jul 2004
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
Judges: Lord Justice Laws Citations: [2004] EWHC 2747 (Admin) Links: Bailii Statutes: Extradition Act 1989 8(9) Jurisdiction: England and Wales Extradition Updated: 07 June 2022; Ref: scu.220289
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
