Judges: Mr Justice Lane Citations: [2022] EWHC 2725 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 19 November 2022; Ref: scu.682470
Citations: [2015] ScotHC HCJAC – 52 Links: Bailii Jurisdiction: Scotland Crime Updated: 03 November 2022; Ref: scu.552273
Citations: [2018] ScotHC HCJAC – 31 Links: Bailii Jurisdiction: Scotland Extradition Updated: 24 April 2022; Ref: scu.618821
Citations: [2018] ScotHC HCJAC – 15 Links: Bailii Jurisdiction: Scotland Extradition Updated: 05 April 2022; Ref: scu.605930
[2015] ScotHC HCJAC – 53 Bailii Scotland Crime Updated: 13 January 2022; Ref: scu.552272
[2015] ScotHC HCJAC – 32 Bailii Scotland Crime Updated: 30 December 2021; Ref: scu.547234
[2013] ScotSC 3 Bailii Scotland Extradition Updated: 17 November 2021; Ref: scu.513817
[2013] ScotHC HCJAC – 19 Bailii Scotland, Crime Updated: 31 October 2021; Ref: scu.510226
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
The claimant had been in prison pending removal after his resistance to a European Extradition Warrant had failed. Subsequent developments in the case against him in Spain suggested that the case against him might now fail. He sought a writ of habeas corpus. Held: ‘the right approach to this issue is to ask whether, in … Continue reading Hilali v Governor of HMP Whitemoor and others: Admn 25 Apr 2007
Citations: [2007] EWHC 934 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 20 December 2022; Ref: scu.251641
Citations: [2007] EWHC 1257 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 20 December 2022; Ref: scu.253293
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
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
Prosecution to protect defendant not available The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited. Held: The Director had a discretion as to whether … Continue reading Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006
Citations: [2007] EWHC 2407 (Admin) Links: Bailii Statutes: Extradition Act 2003 2(3) Jurisdiction: England and Wales Extradition Updated: 06 December 2022; Ref: scu.260200
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
The defendant gave notice to appeal but the respondent said it was out of time by one day. The defendant said that the decision itself had not been made until after normal business hours on the relevant day, and should therefore be treated as having been made on the following day which would validate the … Continue reading Amoako, Regina (on the Application of) v Director of Public Prosecutions: Admn 24 Feb 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
Extradition was sought of the defendant to Poland. The defendant challenged the validity of the European Arrest Warrant, saying that it listed offences for which he was sentenced to less than four month’s imprisonment, and that sufficient particulars had not been given. The court had aggregated the sentences. Held: The appeal was dismissed. The requirements … Continue reading Pilecki v Circuit Court of Legnica, Poland: Admn 31 Jul 2007
Citations: [2007] EWHC 1984 (Admin) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Hilali v Governor of HMP Whitemoor and others Admn 25-Apr-2007 The claimant had been in prison pending removal after his resistance to a European Extradition Warrant had failed. Subsequent developments in the case against him in Spain suggested that the … Continue reading Hilali v Central Court of Criminal Proceedings National Court (Madrid No 5): Admn 15 Jun 2007
Citations: [2007] EWHC 1982 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 04 December 2022; Ref: scu.258802
Judges: Beatson J Citations: [2005] EWHC 1373 (Admin), [2006] 1 WLR 1 Links: Bailii Statutes: Extradition Act 2003 8105 Jurisdiction: England and Wales Extradition Updated: 01 December 2022; Ref: scu.227973
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
‘extradition case, concerning the ‘retrial’ entitlement in section 20(5) of the Extradition Act 2003 and evidence said to fill a ‘lacuna’ in a European Arrest Warrant (EAW). ‘ Citations: [2020] EWHC 1254 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 01 December 2022; Ref: scu.651055
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
Judges: Mr Justice Chamberlain Citations: [2021] EWHC 1096 (Admin) Links: Bailii Statutes: Extradition Act 2003 103 Jurisdiction: England and Wales Extradition Updated: 25 November 2022; Ref: scu.662323
Citations: [2007] EWHC 814 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 22 November 2022; Ref: scu.251459
The defendants appealed orders for their extradition. They were suspected of terrorist offences, and feared that instead of facing a trial, they would be placed before a military commission. Held: The appeals failed. The court had diplomatic notes from the US government guaranteeing trial before an ordinary court, and that they would not be designated … Continue reading Ahmad and Aswat v United States of America: Admn 30 Nov 2006
The defendant appealed an order for his extradition. He had used his computer in London to access remotely defence and other government computers in the USA, and deleted files and copied others onto his own computer. He had been offered a deal if he agreed to go to the US voluntarily. That offer had been … Continue reading McKinnon v USA and Another: Admn 3 Apr 2007
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
Citations: [2012] EWHC 2771 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – 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 … Continue reading Ministry of Justice, Lithuania v Bucnys: Admn 12 Oct 2012
Judges: The Honourable Mr Justice Dove Citations: [2022] EWHC 1308 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 04 November 2022; Ref: scu.682178
Judges: Mr Justice Supperstone Citations: [2020] EWHC 590 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 03 November 2022; Ref: scu.648882
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
Judges: Whipple J Citations: [2020] EWHC 2832 (Admin) Links: Bailii Statutes: Extradition act 2003 91 Jurisdiction: England and Wales Extradition Updated: 31 October 2022; Ref: scu.659896
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
Citations: [2006] EWHC 1518 (Admin) Links: Bailii Statutes: Extradition Act 2003 3 Jurisdiction: England and Wales Extradition Updated: 27 October 2022; Ref: scu.242949
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
Citations: [2016] ScotSC 7 Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: Scotland Extradition Updated: 24 October 2022; Ref: scu.562044
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
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
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
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
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
(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 challenged his extradition to Poland to serve prison sentences already imposed. He said that the offence did not meet the dual criminality requirement. Judges: Keith J Citations: [2013] EWHC 432 (Admin) Links: Bailii Statutes: Extradition Act 2003 1 10(2) Jurisdiction: England and Wales Extradition Updated: 17 October 2022; Ref: scu.471508
The defendant appealed against an order for his extradition, saying that the request was defective in three respects, and that there was a bar to extradition in that, due to the passage of time since the alleged abuse is said to have taken place, it would be unjust or oppressive to extradite the appellant to … Continue reading Beresford v The Government of the Commonwealth of Australia: Admn 13 Oct 2005
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
An EAW had been issued against Z based on four convictions by Polish courts for which he had received aggregated sentences of 45 months, as recorded in the EAW. After Mr Zakrzewski had been brought before the District Judge (and the hearing of his case had been adjourned), an order had been made by the … Continue reading Zakrzewski v District Court In Torun, Poland and Another: Admn 7 Feb 2012
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
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
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
(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
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
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 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
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001
The 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
Judges: Sir Anthony May P Citations: [2010] EWHC 2609 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Zakrzewski v The Regional Court In Lodz, Poland SC 23-Jan-2013 The appellant was subject to an extradition request. He objected that the request involved an aggregation of sentences and that this did not meet the … Continue reading Criminal Court At The National High Court, 1st Division (A Spanish Judicial Authority) v Murua: Admn 8 Oct 2010
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
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
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
Citations: [2006] EWHC (Admin) 1616 Links: Bailii Statutes: Extradition Act 2003 103 Jurisdiction: England and Wales Extradition Updated: 29 August 2022; Ref: scu.242958
The defendant sought to appeal against an order for his extradition. He now sought leave to bring judicial review against of the refusal of the court office to accept his notice had been defective, being out of time. Held: Judicial review was not the appropriate way to challenge such a decision. Permission to apply was … Continue reading Arunthavaraja v Administrative Court Office: Admn 9 Jul 2009
Judges: Laws LJ, Coulson J Citations: [2010] EWHC 2305 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 24 August 2022; Ref: scu.424101
Judges: Keene LJ, Owen J Citations: [2008] EWHC 2619 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Cited by: Cited – Taylor v HMP Wandsworth and Others Admn 15-May-2009 . . Lists of cited by and citing cases may be incomplete. Extradition Updated: 24 August 2022; Ref: scu.277542
Judges: Lord Justice Gage Mr Justice Openshaw Citations: [2005] EWHC 2849 (Admin) Links: Bailii Statutes: Extradition Act 2003 21(3) Jurisdiction: England and Wales Extradition Updated: 24 August 2022; Ref: scu.237816
ECJ Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European Arrest Warrant – Reason for mandatory non-execution – Principle ne bis in idem principle – Fundamental right – when the application merits has been delivered in the State Member of issue – Meaning of ‘same acts’ – Autonomous concept – Scope. Citations: C-261/09, … Continue reading Mantello (Police And Judicial Cooperation In Criminal Matters): ECJ 7 Sep 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
The applicants complained of delays in their extraditions. Held: ‘It seems to us that, whether the concurrent fault of the requesting state is regarded as keeping the chain of causation intact, albeit attenuated, or is regarded as an exceptional circumstance, it is wrong for the reasons given by Lord Edmund-Davies to leave it out of … Continue reading Goodyer and Gomes v Government of Trinidad and Tobago: Admn 22 Aug 2007
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
Citations: [2008] EWHC 1111 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 20 August 2022; Ref: scu.268711
Citations: [2009] EWHC 1292 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 18 August 2022; Ref: scu.460465
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
The defendants resisted extradition to the US to face charges of conspiracy to murder US citizens, saying that as suspected terrorists the likely prison conditions in which they would be held would amount to inhuman or degrading treatment or punishment. Held: The applications failed. There is no one standard applicable across the world as to … Continue reading Bary and Another, Regina (on the Application of) v Secretary of State for the Home Department: Admn 7 Aug 2009
(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord Advocate now appealed. Held: The question was a devolution issue, being ‘a question … Continue reading Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017
Application for Leave to Appeal to UK Supreme Court – refused Citations: [2016] ScotHC HCJAC – 83, 2017 SCCR 17, 2016 GWD 38-672, 2017 SCL 170, 2017 SLT 121 Links: Bailii Statutes: European Convention on Human Rights 3, Extradition Act 2003 Jurisdiction: Scotland Cited by: See Also – Lord Advocate v Dean HCJ 24-Nov-2016 Application … Continue reading Dean v The Lord Advocate and Another: HCJ 23 Sep 2016
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
