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

Whether or not the High Court has jurisdiction to extend the time in which a non-British citizen who is subject to an extradition order of a District Judge under Part 1 of the Extradition Act 2003 (‘the EA’) can make an appeal, notwithstanding a failure to comply with the strict time limits imposed by section 26(4) of the EA and notwithstanding the decisions of the House of Lords in Mucelli v Government of Albania; Moulai v Deputy Public Prosecutor de Creteil, France[1] and the Supreme Court in Pomiechowski v District Court of Legnica, Poland; Halligen v Secretary of State for the Home Department.[2] If the court has jurisdiction to extend the time limit there would then be a subsidiary question of whether time should be extended on the facts of this case.

Judges:

Lord Justice Aikens
Mr Justice Ouseey
Mrs Justice Thirlwall

Citations:

[2014] EWHC 3433 (Admin), [2016] 1 WLR 3009, [2016] 1 All ER 745

Links:

Bailii

Jurisdiction:

England and Wales

Extradition

Updated: 06 February 2022; Ref: scu.538200