Service of an unsealed notice of appeal was at worst a procedural error which should not vitiate an appeal against extradition. Judges: Sullivan LJ, Wilkie J Citations: [2009] EWHC 2259 (Admin) Links: Bailii Statutes: Extradition Act 2003 26(4) Cited by: Cited – Lukaszewski v The District Court In Torun, Poland SC 23-May-2012 Three of the … Continue reading Sciezka v The Court In Sad Okregowy, Kielce, Poland: Admn 4 Jun 2009
The court was asked whether there was jurisdiction in High court to hear an appeal under section 26(4) against extradition order. Citations: [2008] EWHC 884 (Admin) Links: Bailii Statutes: Extradition Act 2003 26(4) Citing: Applied – Vilnius City, the District Court of v Barcys Admn 22-Mar-2007 The court considered whether it had jurisdiction to apply … Continue reading Gercans v The Government of Latvia: Admn 27 Feb 2008
(Northern Ireland) The extraditee’s solicitor had failed to serve a notice of appeal on the prosecutor within the time limit. The question was whether the solicitor’s failure was to be attributed to the client. Held: The prosecutor’s appeal failed. The reference to the extraditee as a person occurred twice within the section, and the context … Continue reading Public Prosecutors Office of The Athens Court of Appeal v O’Connor: SC 2 Feb 2022
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
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
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
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
The court considered whether it had jurisdiction to apply the Rules to extend time to appeal against discharge of an extradition request. The notice of appeal was not filed (or served) within seven days. Held: Latham LJ said: ‘I acknowledge the force of this argument. But it begs the question as to what power the … Continue reading Vilnius City, the District Court of v Barcys: Admn 22 Mar 2007
The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice on the respondent within the seven days limit, and whether the period was capable of extension by the court. Held: The appeal failed (Lord Rodger dissenting). Giving notice, for the purposes of … Continue reading Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice): HL 21 Jan 2009
Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal from prison. The legal services department of the Prison service relayed the notices to … Continue reading Lukaszewski v The District Court In Torun, Poland: SC 23 May 2012
