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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 (Hewitson) v Chief Constable of Dorset Police and another: QBD 18 Dec 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

Jaffar v Governor of Brixton Prison and Another: QBD 25 Nov 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

Polanski v Conde Nast Publications Limited: CA 11 Nov 2003

The claimant sought damages for defamation. He feared arrest and extradition to the US if he came to England, and was granted an order allowing him to give evidence by video link. The defendant appealed that order. Held: There was no absolute rule which would allow the order made. The judge had considered that if … Continue reading Polanski v Conde Nast Publications Limited: CA 11 Nov 2003

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

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

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

Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003

The appellant sought to resist the registration here of a confiscation order made in the US. She argued it would be contrary to the interests of justice to register it, that the US procedure would be unlawful here under the Convention, the appeal having been held in her absence. Held: It could not be said … Continue reading Barnette v Government of the United States of America; United States Government v Montgomery (No 2): CA 24 Mar 2003

Attorney-General’s Reference (No 2 of 2001): HL 11 Dec 2003

The house was asked whether it might be correct to stay criminal proceedings as an abuse where for delay. The defendants were prisoners in a prison riot in 1998. The case only came on for trial in 2001, when they submitted that the delay was an abuse. Held: The defendants had a right to a … Continue reading Attorney-General’s Reference (No 2 of 2001): HL 11 Dec 2003

Gornovskiy, Regina (on The Application of) v Secretary of State for The Home Department (Extradition and Immigration Powers): UTIAC 16 Sep 2021

In considering the period of leave to remain which is to be granted to a person (P) who is subject to the Restricted Leave regime, the Secretary of State is required to consider, amongst other matters, the forseeability of P’s removal from the United Kingdom. In considering that question, the fact that P has been … Continue reading Gornovskiy, Regina (on The Application of) v Secretary of State for The Home Department (Extradition and Immigration Powers): UTIAC 16 Sep 2021

Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation: HL 12 Jun 2003

The appeal concerned a final third party debt order (formerly a garnishee order). A judgment in France was registered here for enforcement. That jurisdiction was now challenged. Held: A third party debt order is a proprietary remedy operating by attachment against the property of the judgment debtor. The property so attached is the chose in … Continue reading Societe Eram Shipping Company Limited and others v Hong Kong and Shanghai Banking Corp Ltd, Compagnie Internationale de Navigation: HL 12 Jun 2003

Bikar and Another, Regina (on the Application of) v Governor of HM Prison Brixton: Admn 14 Feb 2003

The applicants, who had been convicted in absentia in the Czech Republic resisted their extradition under an accusation warrant on the ground that autrefois convict applied. Held: As they had a right to request a new trial this was not a final judgment and accordingly they could be dealt with as persons accused Henriques J … Continue reading Bikar and Another, Regina (on the Application of) v Governor of HM Prison Brixton: Admn 14 Feb 2003

Woodcock v The Government of New Zealand: QBD 14 Nov 2003

The applicant, a catholic priest, challenged his extradition for alleged offences of sexual abuse which had taken place in the 1980s, saying it would be an abuse now to prosecute him after such a delay. Held: The case of R v B was of a particular character and not of assistance to the applicant. The … Continue reading Woodcock v The Government of New Zealand: QBD 14 Nov 2003

O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003

The claimant sought damages for malicious prosecution, and sought to adduce similar fact evidence. The defendant appealed an order admitting the evidence. Held: Comparisons between admission of similar fact evidence in civil and criminal proceedings were made. In general, the greater the putative force of the evidence the less ready a court should be to … Continue reading O’Brien v Chief Constable of the South Wales Police: CA 23 Jul 2003

Durant v Financial Services Authority: CA 8 Dec 2003

The appellant had been unsuccessful in litigation against his former bank. The Financial Services Authority had subsequently investigated his complaint against the bank. Using section 7 of the Data Protection Act 1998, he requested disclosure of his personal data held by the bank. The Financial Services Authority disclosed some copies of documents relating to the … Continue reading Durant v Financial Services Authority: CA 8 Dec 2003

Practice Statement (Judicial Precedent): HL 1966

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

Regina v British Broadcasting Corporation ex parte Pro-life Alliance: HL 15 May 2003

The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion. Held: Freedom of political speech is a freedom of the very highest importance. Article 10 requires that access … Continue reading Regina v British Broadcasting Corporation ex parte Pro-life Alliance: HL 15 May 2003

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Nikonovs v HM Prison Brixton and Republic of Latvia: Admn 2 Nov 2005

The defendant argued that a failure to observe procedures under the Act resulted in his detention being unlawful and therefore susceptible to judicial review. He had not been brought before the appropriate court as soon as practicable after his arrest, pursuant to section 4(3) of the 2003 Act, but the district judge had refused to … Continue reading Nikonovs v HM Prison Brixton and Republic of Latvia: Admn 2 Nov 2005

United States of America v Naseer: Misc 21 Jan 2011

(City of Westminster Magistrates Court) Extradition request-terrorism offences: Issue: ‘refoulement’ i.e. absent any assurance come acquittal or concluded sentence there will not be onward removal to Pakistan without due process by US Courts and there subject to torture Judges: Purdy J Citations: [2011] EW Misc 4 (MC) Links: Bailii Statutes: Extradition Act 2003 87(2) Jurisdiction: … Continue reading United States of America v Naseer: Misc 21 Jan 2011

King’s Prosecutor, Brussels v Cando Armas and Another: Admn 20 Aug 2004

The prisoner had argued that the alleged offence underlying the application for his extradition to Belgium had been committed in part in England, and was therefore not extradictable. The prosecutor appealed. Held: Part I of the 2003 Act was intended to be a complete code and part of the European arrest warrant scheme, intended to … Continue reading King’s Prosecutor, Brussels v Cando Armas and Another: Admn 20 Aug 2004

Bleta, Regina (on the Application of) v Secretary of State for the Home Department: Admn 9 Aug 2004

Extradition of the defendant was sought so as to serve a sentence of imprisonment. Held: Use in the warrant of the actual words in the Act was not required. ‘Even if the actual words of the Act are not incorporated in the request, and even if there is no equivalent wording, in my view, at … Continue reading Bleta, Regina (on the Application of) v Secretary of State for the Home Department: Admn 9 Aug 2004

Love v The Government of The United States of America and Another: Admn 5 Feb 2018

The court considered the forum bar in section 83A of the 2003 Act, Judges: Lord Burdon of Maldon LCJ, Ouseley J Citations: [2018] WLR(D) 66, [2018] EWHC 172 (Admin), [2018] 1 WLR 2889, [2018] 2 All ER 911, [2018] Lloyd’s Rep FC 217 Links: WLRD, Bailii, Judiciary Statutes: Extradition Act 2003 83A Jurisdiction: England and … Continue reading Love v The Government of The United States of America and Another: Admn 5 Feb 2018

Regina (Okandeji) v Bow Street Magistrates Court: QBD 11 Nov 2005

The defendant had taken his challenge to the magistrates’ decision on the application to extradite him to Australia to the High Court, who had remitted the case for reconsideration of whether the Australian law on misuse of drugs was compliant with human rights law in Europe. The district judge had reconsidered the issue in the … Continue reading Regina (Okandeji) v Bow Street Magistrates Court: QBD 11 Nov 2005

Arranz v Spanish Judicial Authority: Admn 14 Jun 2013

Appeal against the judgment at the Westminster Magistrates’ Court ordering the surrender of the respondent Judicial Authority under a conviction European Arrest Warrant. Three issues arose on the appeal: i) Did the EAW comply with s.2 of the Extradition Act 2003 (the 2003 Act)? ii) Was there an abuse of process? iii) Would extradition to … Continue reading Arranz v Spanish Judicial Authority: Admn 14 Jun 2013

Kuprevicius v Government of Lithuania: QBD 18 May 2006

The claimant challenged his extradition saying that the arrest warrant had not explicitly alleged, as required, that he was ‘unlawfully at large’. Held: The statement could be inferred where the circumstances properly allowed that. Judges: Richards LJ, Toulson J Citations: Times 12-Jun-2006 Statutes: Extradition Act 2003 2(5) Jurisdiction: England and Wales Citing: Cited – Office … Continue reading Kuprevicius v Government of Lithuania: QBD 18 May 2006

Symeou v Public Prosecutor – Patras, Greece: Admn 1 May 2009

The defendant appealed against an order for his extradition saying that the proposed criminal proceedings would be an abuse of process and that the evidence against him had been obtained by torture and threats of violence. Held: There did remain a residual right to decline an extradition request for abuse of process, but that did … Continue reading Symeou v Public Prosecutor – Patras, Greece: Admn 1 May 2009

Vey v The Office of the Public Prosecutor of the County Court of Montlucon, France: Admn 7 Apr 2006

Citations: [2006] EWHC 760 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Cited by: Cited – Von Der Pahlen v Government of Austria Admn 27-Jun-2006 The defendant resisted extradition to Austria saying that the warrant was defective. The claimant said that generalised charges were sufficient. Held: ‘The language of section 2(4)(c) … Continue reading Vey v The Office of the Public Prosecutor of the County Court of Montlucon, France: Admn 7 Apr 2006

Crown Prosecution Service (CPS) v Beaumont: Admn 8 Apr 2022

Claim for a declaration as to the meaning and effect of section 152 of the Extradition Act 2003 Judges: Lord Justice Lewis Mr Justice Bennathan Citations: [2022] EWHC 849 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 23 April 2022; Ref: scu.675700

Sula v Public Prosecutor of The Thessaloniki Court of Appeal, Greece: Admn 7 Feb 2022

The single issue raised on this appeal is that the judge below should have concluded that, if extradited, the Appellant would face a real risk of a violation to his right under Article 3 of the European Convention on Human Rights (the Convention) not to be subjected to inhuman or degrading treatment owing to the … Continue reading Sula v Public Prosecutor of The Thessaloniki Court of Appeal, Greece: Admn 7 Feb 2022

Turek v Regional Court In Gliwice Poland: Admn 2011

the issue was whether the conduct relied upon as justifying extradition to Poland would constitute a breach of UK law. The allegation was possession of a gas gun without the required licence. The relevant UK offence was said to be a breach of section 5(1)(b) of the 1968 Act. The expert said there was nothing … Continue reading Turek v Regional Court In Gliwice Poland: Admn 2011

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH. Held: HH and PH’s appeals … Continue reading HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012

Agardi v Penitentiary Judge of The Metropolitan Court, Budapest, Hungary: Admn 30 Oct 2014

Whether or not the High Court has jurisdiction to extend the time in which a non-British citizen who is subject to an extradition order of a District Judge under Part 1 of the Extradition Act 2003 (‘the EA’) can make an appeal, notwithstanding a failure to comply with the strict time limits imposed by section … Continue reading Agardi v Penitentiary Judge of The Metropolitan Court, Budapest, Hungary: Admn 30 Oct 2014

Szegfu v Court of Pecs Hungary: Admn 24 Jun 2015

The court considered the statutory test to be applied on a request for an extension of the day time limit for appealing from an order for extradition. Held: The correct interpretation of section 26(5) permitted no distinction between the conduct of the person and the conduct of their legal representative, so that the legal representative’s … Continue reading Szegfu v Court of Pecs Hungary: Admn 24 Jun 2015

Public Prosecutors Office of The Athens Court of Appeal v O’Connor: SC 2 Feb 2022

(Northern Ireland) The extraditee’s solicitor had failed to serve a notice of appeal on the prosecutor within the time limit. The question was whether the solicitor’s failure was to be attributed to the client. Held: The prosecutor’s appeal failed. The reference to the extraditee as a person occurred twice within the section, and the context … Continue reading Public Prosecutors Office of The Athens Court of Appeal v O’Connor: SC 2 Feb 2022

Vilnius City, the District Court of v Barcys: Admn 22 Mar 2007

The court considered whether it had jurisdiction to apply the Rules to extend time to appeal against discharge of an extradition request. The notice of appeal was not filed (or served) within seven days. Held: Latham LJ said: ‘I acknowledge the force of this argument. But it begs the question as to what power the … Continue reading Vilnius City, the District Court of v Barcys: Admn 22 Mar 2007

Goluchowski and SAS v District Court and Circuit Court In Poland: SC 29 Jun 2016

The appellants challenged the effectiveness of European Arrest Warrants, saying that the requests were deficient in not providing adequate details of warrants issued in support of the decisions. They had been convicted and sentenced to terms of imprisonment which were at first condition, but were now to be served. The appellants contende dthat the European … Continue reading Goluchowski and SAS v District Court and Circuit Court In Poland: SC 29 Jun 2016

Harmatos v King’s Prosecutor In Dendermond, Belgium: Admn 24 May 2011

[2011] EWHC 1598 (Admin) Bailii England and Wales Cited by: Cited – Bucnys v Ministry of Justice SC 20-Nov-2013 The Court considered requests made by European Arrest Warrants for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of … Continue reading Harmatos v King’s Prosecutor In Dendermond, Belgium: Admn 24 May 2011

Imre v District Court In Szolnok (Hungary): Admn 14 Feb 2018

Treacy LJ and Males J [2018] EWHC 218 (Admin) Bailii Extradition Act 2003 England and Wales Cited by: Cited – Konecny v District Court In Brno-Venkov, Czech Republic SC 27-Feb-2019 K had been convicted and sentenced in his absence. His extradition was requested under an EAW which asserted that it was based upon an enforceable … Continue reading Imre v District Court In Szolnok (Hungary): Admn 14 Feb 2018

Konecny v District Court In Brno-Venkov, Czech Republic: SC 27 Feb 2019

K had been convicted and sentenced in his absence. His extradition was requested under an EAW which asserted that it was based upon an enforceable judgment, but that he had an unqualified right to be retried. He argued that the delay (since 2004 for the offence) was such as render the request unjust and oppressive. … Continue reading Konecny v District Court In Brno-Venkov, Czech Republic: SC 27 Feb 2019

Konecny v District Court Czech Republic: Admn 27 Sep 2017

Sir Wyn Williams, (Sitting as a High Court Judge) [2017] EWHC 2360 (Admin) Bailii European Convention on Human Rights 8, Extradition Act 2003 14(b) England and Wales Cited by: Appeal from – Konecny v District Court In Brno-Venkov, Czech Republic SC 27-Feb-2019 K had been convicted and sentenced in his absence. His extradition was requested … Continue reading Konecny v District Court Czech Republic: Admn 27 Sep 2017

Wisniewski and Others v Regional Court of Wroclaw, Poland and Others: Admn 2 Mar 2016

The Court faced 3 appeals against extradition which raised issues as to the availability of the bar to extradition on the grounds of passage of time under section 14 of the 2003 Act in circumstances where a requested person had left the requesting state whilst subject to a suspended sentence of imprisonment which was activated … Continue reading Wisniewski and Others v Regional Court of Wroclaw, Poland and Others: Admn 2 Mar 2016

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

Sonea v Mehedinti District Court: Admn 23 Jan 2009

The appellant was arrested under a conviction warrant which stated that in his absence he had been tried and convicted in Romania and sentenced to ten years’ imprisonment. He appealed against an order for his extradition contending that because he had a right to a re-trial in Romania the warrant should have been drafted as … Continue reading Sonea v Mehedinti District Court: Admn 23 Jan 2009

Gomes v Trinidad and Tobago: HL 29 Apr 2009

Each appellant challenged orders for their extradition, saying that the delay had been too prolonged, and that detention in Trinidad’s appalling jails would be an infringement of their human rights. Held: The House had to consider its own decision in Kakis which effectively excluded delay as a consideration save in exceptional circumstances. Delay caused by … Continue reading Gomes v Trinidad and Tobago: HL 29 Apr 2009

Caldarelli v Court of Naples: HL 30 Jul 2008

The appellant challenged his extradition saying that the European Arrest Warrant under which he was held wrongly said that he was convicted, whilst he said he was wanted for trial. He had been tried in his absence, and the judgment and sentence were not under Italian law either final or enforceable until the appeal process … Continue reading Caldarelli v Court of Naples: HL 30 Jul 2008

Dabas v High Court of Justice, Madrid: HL 28 Feb 2007

The defendant sought to appeal his extradition to Spain to face terrorism charges. He complained that the certificate required under the 2003 Act could not be the European arrest warrant itself, that the offence did not satisfy the double actionability rule and that the warrant did not set out the text of the law under … Continue reading Dabas v High Court of Justice, Madrid: HL 28 Feb 2007

Sandi v Craiova Court, Romania: Admn 27 Nov 2009

Hickinbottom J observed that there is no reason why the same level of particularity of the circumstances of the offence is needed for a conviction warrant as for an accusation warrant. However, he went on to point out that, while the appropriate level of particularity to satisfy section 2(6)(b) will depend on the circumstances of … Continue reading Sandi v Craiova Court, Romania: Admn 27 Nov 2009

Government of Turkey v Tanis: Admn 21 Jun 2021

Lord Justice Dingemans, Mr Justice Johnson [2021] EWHC 1675 (Admin) Bailii Extradition Act 2003 81(b) England and Wales Cited by: Cited – United States of America v Assange Admn 10-Dec-2021 Late evidence from requesting state was admissible The USA sought A’s extradition. It had been previously refused on the grounds of expected suicide of A … Continue reading Government of Turkey v Tanis: Admn 21 Jun 2021

Regional Court In Tarnow Poland v Wojciechowski: Admn 4 Nov 2014

[2014] EWHC 4162 (Admin) Bailii Extradition Act 2003 2(6)(c) England and Wales Cited by: Cited – Goluchowski and SAS v District Court and Circuit Court In Poland SC 29-Jun-2016 The appellants challenged the effectiveness of European Arrest Warrants, saying that the requests were deficient in not providing adequate details of warrants issued in support of … Continue reading Regional Court In Tarnow Poland v Wojciechowski: Admn 4 Nov 2014

Enander v Governor of Brixton Prison and Another: Admn 16 Nov 2005

The claimant sought habeas corpus. The Swedish authorities had issued a European Arrest Warrant for his extradition. He submitted that the authority issuing the warrant in Sweden did not amount to a ‘judicial authority’ because it would not be so recognised within the UK. Held: The request failed: ‘in all the circumstances, the expression ‘judicial … Continue reading Enander v Governor of Brixton Prison and Another: Admn 16 Nov 2005