Appeal against the decision to order the appellant’s extradition to Lithuania, pursuant to a conviction arrest warrant in order to serve the balance of a 2 year sentence of imprisonment, that is to say 1 year and 10 months Judges: Collins J Citations: [2014] EWHC 4285 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England … Continue reading ZZ v Ministry of Justice Lithuania: Admn 17 Nov 2014
Judges: The Honourable Mr Justice King Citations: [2014] EWHC 2193 (Admin), [2014] WLR(D) 292 Links: Bailii, WLRD Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 26 October 2022; Ref: scu.533781
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
False Judges: Mitting J Citations: [2014] EWHC 1216 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Cited by: Cited – The Government of Ghana v Gambrah and Another Admn 16-May-2014 Ghana appealed from refusal of extradition of the respondent to face a charge of murder. The only sentence for murder in Ghana … Continue reading Haroon Aswat, Regina (on The Application of) v Secretary of State for Home Department: Admn 16 Apr 2014
In each case the appellant had been convicted of particularly serious murders and had been given whole life terms. They now appealed saying that such sentences were incompatible with their human rights after the ruling of the ECHR Grand Chamber in Vinter v UK. Held: The appeals failed. Judges: Lord Thomas of Cwmgiedd, LCJ; Sir … Continue reading Regina v McLoughlin; Regina v Newell: CACD 18 Feb 2014
Appeal against the decision to send the appellant’s case to the Secretary of State under section 87(3) of the 2003 Act. The government of the Republic of Albania had sought the extradition of the appellant to serve a sentence of life imprisonment for an offence of murder. T Judges: Beatson LJ, Cranston J Citations: [2014] … Continue reading Voci v Government of The Republic of Albania: Admn 16 Oct 2014
The claimants sought to challenge the decision declining to order the discharge of the applicants pursuant to S.36(8) of the Extradition Act 2003. Judges: Laws LJ, Simon, Ouseley JJ Citations: [2014] EWHC 4631 (Admin) Links: Bailii Statutes: Extradition Act 2003 36(8) Jurisdiction: England and Wales Extradition Updated: 28 September 2022; Ref: scu.545131
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
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: Lord Justice Treacy And Mr Justice Nicol Citations: [2014] EWHC 1879 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 22 August 2022; Ref: scu.526399
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 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 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
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 Madrid Court had issued European Arrest Warrants against the three appellants on charges of membership of a criminal organisation and terrorism. The appellants had unsuccessfully challenged extradition before the District Judge on a large number of grounds. These included the contention that extradition would violate articles 3, 5, 6 and 8 of the Convention. … Continue reading Jaso and others v Central Criminal Court No.2 Madrid: Admn 14 Dec 2007
The applicant resisted his extradition to Italy, saying that the provisions of Part 2 of the 2003 Act were engaged because the case started life before Italy ratified the Framework Decision and so adopted the EAW system. La Torre had been found guilty of extradition crimes in Italy and sentenced, but this first instance process … Continue reading La Torre v Her Majesty’s Advocate: HCJ 14 Jul 2006
Judges: Latham LJ, McCombe J Citations: [2006] EWHC 1750 (Admin) Links: Bailii Statutes: Extradition Act 2003 103 Jurisdiction: England and Wales Extradition Updated: 07 July 2022; Ref: scu.243304
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 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 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
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
The court allowed an appeal against conviction on charges of sex abuse where the underlying offences had taken place many years before. ‘In this case it has to be recognised that because of the delay that occurred, in our judgment the appellant was put in an impossible position to defend himself. He was not . … Continue reading Regina v B: CACD 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
Judges: Mr Justice Collins Citations: [2014] EWHC 4157 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 26 April 2022; Ref: scu.542552
Judges: Mr Justice Collins Citations: [2014] EWHC 4156 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 04 April 2022; Ref: scu.542542
Judges: Mrs Justice Cox DBE Citations: [2014] EWHC 2509 (Admin) Links: Bailii Statutes: Extradition Act 2003 26(1) Jurisdiction: England and Wales Extradition Updated: 27 March 2022; Ref: scu.535407
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
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
A conviction warrant was founded on a conviction in absentia. It was common ground that Mr Rahman had had no notice of the proceedings leading to conviction and that the conviction could be set aside on his demand. The judge was referred to Campbell and Cousins and was invited by counsel for the appellant to … Continue reading Rahman v County Court of Boulogne Sur Mer, France: Admn 6 Oct 2014
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
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
[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
The defendant appealed against an order for his extradition to the USA to face extra-territorial terrorist charges. Held: The court dismissed the appeal: ‘whether the appellant is a British citizen or not makes no difference to his relevant Article 6 rights. Our reasons are as follows: the ECtHR has stated many times that a decision … Continue reading Pham v The United States of America: Admn 12 Dec 2014
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
The appellant was said to have endangered a commercial air flight from the Czech republik to Russia. Fulford LJ, Nicol J [2014] EWHC 2995 (Admin) Bailii Extradition Act 2003 26 Extradition Updated: 21 December 2021; Ref: scu.536786
ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary rendition to CIA: violations Article 6 Criminal proceedings Article 6-1 Fair hearing Extraordinary rendition to CIA despite real … Continue reading Husayn (Abu Zubaydah) v Poland: ECHR 24 Jul 2014
ECHR Article 3 Torture Effective investigation Extradition Torture and inhuman and degrading treatment during and following applicants’ extraordinary rendition to CIA: violations Article 2 Extradition Article 2-1 Death penalty Extraordinary rendition to CIA of suspected terrorist facing capital charges: violation Article 5 Article 5-1 Lawful arrest or detention Detention during and following operation involving extraordinary … Continue reading Al Nashiri v Poland (Legal Summary): ECHR 24 Jul 2014
The defendant challenged an order for his extradition to Albania, after a conviction in his absence for a murder. Laws LJ, Cranston J [2014] EWHC 2756 (Admin) Bailii Extradition Act 2003 Extradition Updated: 18 December 2021; Ref: scu.535658
The claimant challenged his proposed extradition to Romania saying that prison overcrowding there would breach his human rights. Rafferty LJ, Blake J [2014] EWHC 2528 (Admin), [2014] WLR(D) 356, Bailii, WLRD Extradition Act 2003 21, European Convention on Human Rights 3 Extradition, Human Rights Updated: 18 December 2021; Ref: scu.535531
Sir Brian Leveson P, Blake J [2014] EWHC 957 (Admin) Bailii Extradition Act 2003 108 England and Wales Extradition Updated: 11 December 2021; Ref: scu.523387
[2014] ScotHC HCJAC – 63 Bailii Extradition Act 2003 Citing: See Also – Kapri v The Lord Advocate for and On Behalf of The Court of First Instance Judicial District of Elbasan, Albania HCJ 2-Feb-2012 The applicant objected to his proposed extradition to Albania, saying that he would not receive a fair trial. An examination … Continue reading Kapri v Her Majesty’s Advocate, Re In The Application By (Albania): HCJ 17 Jun 2014
[2014] ScotHC HCJAC – 33 Bailii Extradition Act 2003 Citing: See Also – Kapri v The Lord Advocate for and On Behalf of The Court of First Instance Judicial District of Elbasan, Albania HCJ 2-Feb-2012 The applicant objected to his proposed extradition to Albania, saying that he would not receive a fair trial. An examination … Continue reading Kapri v Her Majesty’s Advocate (For The Republic of Albania): HCJ 25 Apr 2014
Three extraditees challenged their return to Latvia. The court was asked whether the state of the Latvian prison estate is such as to produce a real risk that there will be a breach of Article 3 of the ECHR if returns are directed. Moses LJ, Collins J [2014] EWHC 1021 (Admin) Bailii Extradition Act 2003 … Continue reading Brazuks and Others v Prosecutor General’s Office, Republic of Latvia: Admn 9 Apr 2014
The applicants challenged their extradition to Rwanda to stand trial for matters which would be an offence under the laws of both countries. Application was made for evidence to be given in secret and without disclosure to the requesting state. Held: The Court discharged the appellants on the ground that the appellants faced a real … Continue reading VB and Others v Westminster Magistrates’ Court and Others: Admn 27 Mar 2014
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
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
Appeal against extradition order on five grounds: i) The judge should have discharged him because the Latvian authorities were estopped, or the issue of his surrender was res judicata, on account of his discharge in March 2011 in Scotland in extradition proceedings for substantially the same matters in connection with an earlier EAW which was … Continue reading Auzins v Prosecutor General’s Office of The Republic of Latvia: Admn 14 Apr 2016
SSHD must examine safety of country for return The Court was asked: ‘Is an asylum seeker or refugee who resists his or her return from the United Kingdom to Italy (the country in which she or he first sought or was granted asylum) required to establish that there are in Italy ‘systemic deficiencies in the … Continue reading EM (Eritrea), Regina (on The Application of) v Secretary of State for The Home Department: SC 19 Feb 2014
Extraditions to follow normal open justice rules Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence but only in private and not being seen by the representatives of Rwanda. Held: The magistrate hearing such proceedings … Continue reading VB and Others v Westminster Magistrates: SC 5 Nov 2014
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
The court considered how to apply the rule that an extradition may only be for trial on matters committed before the extradition if they have been the basis of the request to a defendant’s commission of contempt of court after conviction. After being subject to proceedings anticipating a prosecution for large scale financial fraud, the … Continue reading Regina v O’Brien: SC 2 Apr 2014
The claimant’s extradition had been ordered, but the extradition had not taken place within the necessary time period, and she now applied to be discharged. Held: The statutory scheme did not permit the right of a requested person to be discharged, to be circumvented by agreeing a later starting date after the expiry of the … Continue reading Neteczca v Governor of Holloway Prison: Admn 27 Jun 2014
The defendant had been convicted in 1986 of the murder of five members of his adoptive family. The judge had initially recommended a minimum term of 25 years. A later judge had suggested a whole life term. The convictions had been upheld in 2002. Held: The judge setting the tariff had agreed with and not … Continue reading Bamber, Regina v: CACD 14 May 2009
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
Deception as to identity did not undermine consent The claimant had been an environmental campaigner. She had had a sexual relationship with a man who was unknown to her an undercover police officer. She now challenged the decision not to prosecute him for rape. Held: Her claim failed. Case law suggested that no prosecution had … Continue reading Monica, Regina (on The Application of) v Director of Public Prosecutions: Admn 14 Dec 2018
The constituency had adopted an all postal ballot, resulting in a counted majority of one. One ballot paper’s confirmation of identity had not been signed.
Held: The function of the court, exercising its jurisdiction under section 48(1), is . .
Application for a writ of habeas corpus ad subjiciendum after remand in custody on decision to extradite . .
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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
The defendant sought to resist the European Arrest Warrant, saying that her extradition would breach her and her family’s human right to a family life. Since fleeing Poland, she had lived in the UK and now had young children attanding school. Judges: Ouseley J Citations: [2012] EWHC 25 (Admin) Links: Bailii Statutes: Extradition Act 2003 … Continue reading F-K, Regina (on The Application of) v Polish Judicial Authority: Admn 19 Jan 2012
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
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
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
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
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
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
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: [2007] EWHC 814 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 22 November 2022; Ref: scu.251459
The appellant challenged an order for his extradition to Poland to serve sentences for drugs offences. He relied upon a delay of six years, during which time he had made a life in the UK, with young children born here. Held: The delay may have been caused by the appellant’s own coming here to avoid … Continue reading Grewling v Circuit Court of Gorzow Wielkopowski, Poland: Admn 6 Feb 2013
Judges: Moses LJ, Kenneth Parker J Citations: [2013] EWHC 453 (Admin) Links: Bailii Statutes: Extradition Act 2003 93(4) Jurisdiction: England and Wales Extradition Updated: 14 November 2022; Ref: scu.472503
Whether expected treatment in a Hungarian prison would be inhuman and degrading. Admission of evidence doubting state re-assurances. Judges: Lord Lloyd-Jones, Lord Hamblen, Lord Leggatt, Lord Burrows, Lord Stephens Citations: [2021] UKSC 14 Links: Bailii, Bailii Press Summary, Bailii Issues and Facts Statutes: European Convention on Human Rights 3, Extradition Act 2003 27 Jurisdiction: England … Continue reading Zabolotnyi v The Mateszalka District Court, Hungary: SC 30 Apr 2021
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
Citations: [2006] EWHC 1150 (Admin) Links: Bailii Statutes: Extradition Act 2003 103 Jurisdiction: England and Wales Extradition Updated: 14 November 2022; Ref: scu.242197
The appellant resisted his extrdition to Argentina. The court now set out its reasons for not admitting the new medical evidence on which the appeal was based. Judges: Laws LJ, Swift J Citations: [2013] EWHC 226 (Admin) Links: Bailii Statutes: Extradition Act 2003 103 Jurisdiction: England and Wales Extradition Updated: 14 November 2022; Ref: scu.470995
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
When a person in contempt of court asks to be heard by the court before his contempt is purged, the preferable approach is to ask: ‘whether, in the circumstances of an individual case, the interests of justice are best served by hearing a party in contempt or by refusing to do so, always bearing in … Continue reading Arab Monetary Fund v Hashim and Others: CA 21 Mar 1997
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
The claimant Iraqi nationals complained of their long term detention by British forces in Iraq, and of their transfer to the Iraqi authorities for trial for murder. Held: The transfer was a breach of the applicants’ rights. The Iraqis had re-introduced the death penalty for such crimes which they said amounted to war crimes. The … Continue reading Al-Saadoon and Mufdhi v The United Kingdom: ECHR 2 Mar 2009
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
Ss.84(2)-(4) of the 2003 Act extend the scope of admissible evidence in line with the modern domestic approach to the admissibility of hearsay evidence Judges: Moses LJ, Kenneth Parker J Citations: [2013] EWHC 819 (Admin) Links: Bailii Statutes: Extradition Act 2003 84(2) 84(3) 84(4) Jurisdiction: England and Wales Cited by: Cited – The Government of … Continue reading Patel v Government of India and Another: Admn 18 Apr 2013
(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
(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
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 applicant objected to his proposed extradition to Albania, saying that he would not receive a fair trial. An examination of the reports disclosed that counsel for the Lord Advocate’s analysis of them was correct. None of the examples of the particular deficiencies in the judicial system impacted on circumstances in which the appellant would … Continue reading Kapri v The Lord Advocate for and On Behalf of The Court of First Instance Judicial District of Elbasan, Albania: HCJ 2 Feb 2012
Whilst awaiting trial, P had offered evidence against others on other serious crimes. On conviction, the judge was supplied with a statement explaining his assistance. He now appealed sentence of 17 years imprisonment for assorted serious drugs crimes. Blackburn’s case raised similar issues. Held: The sections sought to give a statutory framework to encouraging assistance … Continue reading P, Regina v; Regina v Blackburn: CACD 22 Oct 2007
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
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 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
Four cases in which the appellants sought to appeal under either Part 1 or Part 2 of the Extradition Act 2003, raising issues as to whether the appeals were within the strict time limits of 7 days, imposed by section 26(4) of the 2003 Act in relation to Part 1 Territories, or of 14 days … Continue reading Lumenica v Government of Albania: Admn 17 Jul 2012
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: [2010] ScotHC HCJAC – 42, 2010 JC 235 Links: Bailii Statutes: Extradition Act 2003 Cited by: Cited – Kapri v The Lord Advocate (Representing The Government of The Republic of Albania) SC 10-Jul-2013 The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights … Continue reading Engler v Her Majesty’s Advocate: HCJ 4 May 2010
