Two applications for habeas corpus or, in the alternative, for a direction that they be treated as applications for permission to apply for judicial review – confinement to prison pending extradition to Romania – delay for Coronavirus Citations: [2020] EWHC 1142 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 26 … Continue reading Cosar v HMP Wandsworth and Others: Admn 11 May 2020
Citations: [2006] EWHC 1150 (Admin) Links: Bailii Statutes: Extradition Act 2003 103 Jurisdiction: England and Wales Extradition Updated: 14 November 2022; Ref: scu.242197
(Belize) The Criminal Code of Belize provided that any murder by shooting was to be treated as Class A Murder, and be subject to the mandatory death penalty. The applicant having been convicted, appealed saying this was inhuman or degrading treatment, and infringed his human rights under the constitution. Held: The crime of murder embraced … Continue reading Reyes v The Queen: PC 11 Mar 2002
Judges: Moses LJ, Dobbs J Citations: [2011] EWHC 1348 (Admin) Links: Bailii Statutes: Extradition Act 2003 36(8) Extradition Updated: 01 October 2022; Ref: scu.449859
(City of Westminster Magistrates’ Court) The defendant resisted extradition to South Africa pleading that he suffered mental illness. Held: ‘There is undoubted hardship for Mr Dewani if extradited. That hardship is more than ordinary hardship. The chances of an early recovery, or even any recovery, reduce, and the risk of suicide increases. However, when all … Continue reading South Africa v Dewani: Misc 10 Aug 2011
Judges: Lord Osborne, Lord Reed, Lord Mackay of Drumadoon Citations: [2011] ScotHC HCJAC – 77 Links: Bailii Statutes: Extradition Act 2003 Cited by: Appeal from – BH and Another v The Lord Advocate and Another SC 20-Jun-2012 The appellants wished to resist their extradition to the US to face criminal charges for drugs. As a … Continue reading BH and Another v HM Advocate: HCJ 29 Jul 2011
The extradition court objected to the defendant’s appeal against extradition on the basis that it was not filed within time. Held: Section 26(4) of the 2003 Act does not require that service of the Notice of Appeal on the Respondent must post date its filing in the court. Collins J said: ‘What matters for the … Continue reading Kane, Regina (on The Application of) v Trial Court No 5 Marbella, Spain: Admn 17 Mar 2011
The Home Secretary argued that the defendant’s attempted appeal against an extradition order was out of time and that accordingly the court had no jurisdiction to hear an appeal. Notice of service of the appeal was one day out of time. Held: What had been served was not a notice of appeal but merely notice … Continue reading Halligen v Secretary of State for The Home Department: Admn 21 Jun 2011
The defendant appealed against her extradition under a European Arrest Warrant, saying that an order would be a disproportionate interference in her, and family’s, human rights to a family life. Citations: [2011] EWHC 1145 (Admin) Links: Bailii Statutes: European Convention on Human Rights 8, Extradition Act 2003 14 Cited by: Appeal from – HH v … Continue reading HH, Regina (on The Application of) v City of Westminster Magistrates Court: Admn 11 May 2011
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
Judges: Foskett J Citations: [2011] EWHC 873 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 06 September 2022; Ref: scu.431896
Richards LJ said: ‘There is no dispute about the test to be applied by the Secretary of State in determining whether the respondent’s claim was ‘clearly unfounded’ within section 93(2) (b) of the 2002 Act. In relation to the same statutory language in section 115 of the 2002 Act, it was held in R (L) … Continue reading Tozlukaya v Secretary of State for the Home Department: CA 11 Apr 2006
The unrepresented defendant, in custody, prepared his notice of appeal against an extradition order, and it was then faxed for him in draft form to the judicial authority and filed, all within the 7 day period, but no stamped copy was served, or indeed received back by the defendant, until much later. Held: Following Walerianczyk, … Continue reading Bergman, Regina (on The Application of) v District Court In Kladno Czech Republic: Admn 28 Jan 2011
Application for judicial review of the defendant’s decision not to discharge the claimants from extradition proceedings. Judges: Laws LJ, Bennett J Citations: [2011] EWHC 34 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 31 August 2022; Ref: scu.428078
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 defendants appealed against convictions for conspiracy to pervert the course of justice. They had been police officers.An application was made for the disclosure of the skeleton arguments read by the court, Judge LJ said: ‘Subject to questions arising in connection with written submissions on PII applications, or any other express justification for non-disclosure on … Continue reading Howell and Others, Regina v: CACD 28 Feb 2003
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
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 defendant objected to his extradition to Poland to serve the balance of a term of imprisonment, saying that it would be oppressive and for the risk of suicide if returned. Judges: Bean J Citations: [2011] EWHC B2 (Admin), [2011] EWHC 374 (Admin) Links: Bailii, Bailii Statutes: Extradition Act 2003 25 Jurisdiction: England and Wales … Continue reading Wrobel v Poland: Admn 9 Feb 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
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 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
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
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
The BBC wished to interview the prisoner who had been detained pending extradition to the US since 2004, and now challenged decision to refuse the interview. Held: The claim succeeded. The decision was quashed and must be retaken. If ever any case justified exceptional treatment, this was one. He had been held without trial for … Continue reading British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad: Admn 11 Jan 2012
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
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
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
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 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
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster. Held: Reclaim was granted. The absence of reasons allowed the court to infer that the reason for the prorogation was unlawful.‘It was the role of the courts to protect Parliament. … Continue reading Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General: SCS 11 Sep 2019
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
The claimant challenged the respondent’s decision to order the return of herself and her son to Lebanon. Held: The test for whether a claimant’s rights would be infringed to such an extent as to prevent their return home was a strict one, but in this case, the appeal was allowed, and the decision quashed. The … Continue reading EM (Lebanon) v Secretary of State for the Home Department: HL 22 Oct 2008
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
References: [2011] EW Misc 5 (MC) Links: Bailii Coram: Howard Riddle, Senior District Judge Ratio:(City of Westminster Magistrates’ Court – Sitting at Belmarsh Magistrates’ Court) The authority sought the extradition of the defendant to Sweden to face prosecution on allegations of sexual assaults. The defendant argued that the Act allowed extradition only for prosecution, and … Continue reading The judicial authority in Sweden v Assange; 24 Feb 2011
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
Application was made for the prisoner to be extradited whilst he served his prison sentence here. The application had been made early in the prisoner’s nine year term, intending that it should then be adjourned until a point close to te completion of the sentence. The district judge rejected the request. Held: The statute required … Continue reading Slator v Bow Street Magistrates’ Court, High Court of Dublin (Interested Party ): Admn 4 Oct 2006
The prisoner complained at the extension of his detention pending proceedings for extradition to Rwanda, as authorised by the Secretary of State. Held: The Home Secretary had certified that special arrangements existed as required under section 194, and he therefore had had power to state also that the period required for delivery of an extradition … Continue reading Brown (Formerly Bajinya) v HMP Belmarsh: Admn 13 Mar 2007
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
The defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction. Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his ruling upon that is final and can properly be challenged by way of case stated … Continue reading Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court: Admn 27 Jul 2007
The defendant resisted extradition for a fraud prosecution brought 11 years after the relevant events which occurred in 1995. He had come to England in 2000, and the first he heard of the accusation was when he was arrested in September 2006. It was not suggested that he had deliberately fled the prosecution. Held: The … Continue reading Lisowski v Regional Court of Bialystok (Poland): Admn 28 Nov 2006
Extradition of the defendant to Poland was sought, the court saying he had fled his trial for burglaries in 1999. The defendant argued that his extradition would now be unfair. Held: The judge was right to hold that his ruling of deliberate flight concluded the question of delay unless it could be said that the … Continue reading Krzyzowski v Circuit Court In Gliwice, Poland: Admn 23 Nov 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
The court was asked as to the extent of the Secretary of State’s discretion and obligation to consider a person’s Article 6 rights when requested personally to serve a judgment of an overseas court pursuant to a request for mutual legal assistance from the government of the country of that overseas court. The Claimant said … Continue reading Ismail v Secretary of State for Home Department: Admn 26 Mar 2013
The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006
Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000
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 if subjected to US prison conditions. Held: The order refusing extradition was quashed, and the matter referred to the Magistrates’ Court with a direction to proceed as the DJ would … Continue reading United States of America v Assange: Admn 10 Dec 2021
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
(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
(Grand Chamber) – The applicant had been detained in Kenya. He had allowed himself to be taken by Kenyan officials to Nairobi airport in the belief that he was free to leave for a destination of his choice, but they took him to an aircraft in which Turkish officials were waiting for him and he … Continue reading Ocalan v Turkey: ECHR 12 May 2005
The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate. Held: The case followed on where the Anderson case left off. In these cases the judge had noted that he did not think the … Continue reading Regina v Lichniak: HL 25 Nov 2002
(Grand Chamber) The appellants had each been convicted of more than one murder and had been sentenced to whole life terms. They complained that the absence of a possibility of review or remission was a breach of their rights. Held: For a life sentence to remain compatible with Article 3 there must be a prospect … Continue reading Vinter And Others v The United Kingdom: ECHR 9 Jul 2013
The defendant had been employed in the probate registry, and sought by deception to conspire with others to use the information he obtained to obtain money from estates. He appealed, saying that the court should not have convicted him of obtaining following the case of Preddy. Held: The judge should have withdrawn the allegation of … Continue reading Regina v Adebayo: CACD 7 Jul 1997
Appeal brought before the court under section 26 against a decision directing that the appellant be extradited to Poland to face a charge essentially of obtaining money to which she was not entitled when she was in charge of a school in Poland. The amount in question is something in the order of andpound;17,000, or … Continue reading Jawulska, Regina (on The Application of) v The Regional Court In Szezecin Poland: Admn 21 Mar 2014
A world wide asset freezing order had been made. The defendants sought that it be set aside. Pending the hearing of their application, they sought also delay of their obligation to co-operate in providing full details of their finances. Held: The asset freezing order remained in place. To be effective the information was needed from … Continue reading Motorola Credit Corporation v Uzan and Others: CA 26 Jun 2002
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
A bank account used to cover the day-to-day expenses of an Embassy, clearly served sovereign purposes and therefore was immune from enforcement measures. The Act of 1978 must be read against the background of customary international law current in 1978. It is highly unlikely that Parliament intended to require United Kingdom courts to act contrary … Continue reading Alcom Ltd v Republic of Colombia: HL 1984
The court considered the developing international jurisdiction over commercial activities of state bodies which might enjoy state immunity, and sought to ascertain whether or not the Central Bank of Nigeria was entitled to immunity from suit. Held: The key questions are those of ‘governmental control’ and ‘governmental functions’ and that these are to be determined … Continue reading Trendtex Trading Corporation v Central Bank of Nigeria: CA 1977
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
Appeal against grant of bail to extradition subject. Judges: Ouseley J Citations: [2010] EWHC 3398 (Admin) Links: Bailii Statutes: Extradtion Act 2003 Cited by: See Also – South Africa v Dewani Misc 10-Aug-2011 (City of Westminster Magistrates’ Court) The defendant resisted extradition to South Africa pleading that he suffered mental illness. Held: ‘There is undoubted … Continue reading Government of South Africa v Dewani: Admn 10 Dec 2010
In an appeal against an order for extradition, the service of a draft Notice of Appeal followed by the filing of the Notice of Appeal itself is not capable of complying with the requirement that Notice of Appeal be given within the permitted period. Judges: Stanley Burnton LJ, Nicol J Citations: [2010] EWHC 2149 (Admin), … Continue reading Regional Court In Konin, Poland v Walerianczyk: Admn 12 Aug 2010
Citations: [2008] EWHC 1111 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 20 August 2022; Ref: scu.268711
The court set out the conditions for the use of article 8 rights claims in extradition proceedings where the proposed extradition would be to other states within the European Union. Judges: John Thomas, Baron Thomas of Cwmgiedd LCJ, Ryder LJ, Ouseley J Citations: [2015] EWHC 1274 (Admin), [2016] 3 All ER 71, [2016] 1 WLR … Continue reading Polish Judicial Authorities v Celinski and Others: Admn 6 May 2015
Judges: Lord Thomas of Cwmgiedd CJ, Cranston J Citations: [2014] EWHC 1886 (Admin), [2015] 2 All ER 415, [2015] 1 WLR 507, [2014] WLR(D) 259 Links: Bailii, WLRD Statutes: Extradition Act 2003 105 Jurisdiction: England and Wales Extradition Updated: 16 August 2022; Ref: scu.526400
The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights Act 1998 for the appellant, who is an Albanian national, to be extradited to Albania. On 7 April 2001, while he was in the United Kingdom as an illegal immigrant, another Albanian national named … Continue reading Kapri v The Lord Advocate (Representing The Government of The Republic of Albania): SC 10 Jul 2013
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016
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
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020
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
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
Three prisoners raised questions as to the circumstances in which the Parole Board is required to hold an oral hearing before making an adverse decision. One of the appeals (Osborn) concerned a determinate sentence prisoner who was released on licence but then recalled to custody. The other appeals (Booth and Reilly) were indeterminate sentence prisoners … Continue reading Osborn v The Parole Board: SC 9 Oct 2013
Appeal against a decision in extradition proceedings for Mr Finch’s extradition to France, raising a single issue: whether the District Judge was wrong to decide that Mr Finch’s extradition to France would not be oppressive for delay. Judges: Sir Anthony May P QBD, Blake J Citations: [2009] EWHC 1394 (Admin) Links: Bailii Statutes: Extradition Act … Continue reading Finch v Public Prosecutor Tribunal De Grande Instance Boulogne Sur Mer France: Admn 20 May 2009
A party who was in contempt of court should not be debarred from continuing to take a proper part in a court action unless that contempt was serious enough seriously to interfere with the fair conduct of the trial. ‘The courts need powers of punishment with which to enforce their orders. The ones they have … Continue reading In Re Swaptronics Ltd: ChD 24 Jul 1998
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
Citations: [2006] EWHC 56 (Admin), [2006] 2 All ER 451, [2006] 1 WLR 3061 Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 23 July 2022; Ref: scu.238411
The test of whether a defendant’s common law right to a fair trial had been damaged by pre-trial publicity was similar to the test under the Convention, and also where there was any plea of oppression. The substantial difference is that no balancing exercise was to be carried out under the Convention test. The right … Continue reading Montgomery and Coulter v Her Majesty’s Advocate: PC 19 Oct 2000
The court certified a point of law for the House of Lords as follows: ‘Where a fugitive has been convicted and sentenced in his absence in the requesting state, but the conviction and sentence are neither final nor enforceable, may his case be treated as an accusation case even though he does not enjoy an … Continue reading Caldarelli v The Court of Naples: Admn 12 Jul 2007
ECJ Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant and surrender procedures between Member States – Article 4(6) – Ground for optional non-execution of a European arrest warrant – Interpretation of the terms ‘resident’ and ‘staying’ in the executing Member State. Citations: C-66/08, [2008] EUECJ C-66/08, [2009] QB … Continue reading Kozlowski (Police And Judicial Cooperation In Criminal Matters): ECJ 17 Jul 2008
(Trinidad and Tobago) The defendant’s appeal against conviction had succeeded on the basis of apparent bias in the tribunal. He now appealed the order remitting the case to be reheard, saying that a fair trial was no longer possible. Held: The appeal failed. Provided that unfairness did not affect the way in which the prosecution … Continue reading Panday v Virgil: PC 9 Apr 2008
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
Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913
Citations: [2007] EWHC 1768 (Admin) Links: Bailii Statutes: Extradition Act 2003 Extradition Updated: 11 July 2022; Ref: scu.258801
Sedley LJ discussed and rejected the argument that ‘the analogue of the warrant is the request’ in extradition procedure and said: ‘Here, as in Dabas, the question is what is ‘the conduct’ which has to amount to an extradition offence? Is it the conduct asserted in the indictment or the conduct recounted as giving rise … Continue reading Edwards v Government of United States of America: Admn 31 Jul 2007
The government of Croatia sought the extradition of the respondent and now appealed against its refusal which had been on the grounds of the long passage of time. Judges: Hughes LJ, Treacy J Citations: [2007] EWHC 1770 (Admin) Links: Bailii Statutes: Extradition Act 2003 82 Cited by: See Also – Spanovic v Government of Croatia … Continue reading Croatia v Spanovic: Admn 27 Jul 2007
Laws LJ considered the decision in Kakis and said: ‘All the circumstances must be considered in order to judge whether the unjust/oppressive test is met. Culpable delay on the part of the State may certainly colour that judgment and may sometimes be decisive, not least in what is otherwise a marginal case (as Lord Woolf … Continue reading La Torre v Italy: Admn 20 Jun 2007
In extradition proceedings the accused has no right to disclosure of evidence to the same extent and of the same kind which would be available in domestic proceedings. Laws LJ said that a prison sentence without chance for parole might infringe the defendant’s human rights: ‘The abolition of the death penalty has been lauded, and … Continue reading Wellington, Regina (on the Application of) v Secretary of State for the Home Department: Admn 18 May 2007
The defendant a serving prisoner sought an adjournment of his extradition to a time closer to the end of the sentence he was to serve in England. Held: The court had sympathy with the argument that where the district judge is being invited to express his satisfaction over matters under section 11 and section 21 … Continue reading United States of America, Regina (on the Application of) v Bow Street Magistrates’ Court: Admn 6 Sep 2006
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
Judges: Supperstone J Citations: [2019] EWHC 1185 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 06 July 2022; Ref: scu.637796
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints. Held: The Commissioner’s appeal failed: To provide an effective deterrent, laws which prohibit conduct constituting a breach of article … Continue reading Commissioner of Police of The Metropolis v DSD and Another: SC 21 Feb 2018
The defendants appealed convictions for having staged motor accidents to support false insurance claims. They said that the insurance companies had contributed to the costs of the investigation by the police. Held: It might have been most unwise and possibly unlawful for the police to solicit contributions to their costs from the victims of crime, … Continue reading Hounsham and Others, Regina v: CACD 26 May 2005
The claimant wished to pursue his claim for defamation against the defendant, but was reluctant to return to the UK to give evidence, fearing arrest and extradition to the US. He appealed refusal of permission to be interviewed on video tape. Held (Majority): The appeal succeeded, and the judge’s order allowing the evidence to be … Continue reading Polanski v Conde Nast Publications Ltd: HL 10 Feb 2005
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her. Held: ‘in an action for defamation a court will not impose a prior restraint on publication unless it is clear that no defence will … Continue reading Greene v Associated Newspapers Ltd: CA 5 Nov 2004
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
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
The applicant had sought asylum here, but her application was rejected. She was suffering advanced HIV/AIDS. With continued proper treatment she would survive several years. If returned to Uganda she would not receive that treatment and would not survice as long. Held: The issue was not as to her mistreatment in Uganda, but as to … Continue reading N v Secretary of State for the Home Department: HL 5 May 2005
Judges: Lewis J Citations: [2019] EWHC 602 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 11 June 2022; Ref: scu.635167