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 married couple that said that the extraditions would interfere with their children’s rights to family life.
Held: The appeals against extradition failed. The appeal was competent in that proper human rights issues arose. The allegations were of very serious criminal activity, and the public interest in effective extradition must be given great weight. The prospect here was that if extradited and convicted, the children of the applicants would be separated from their parents for a long time. In Mr H’s case, he was already separated from the mother. Her case was more difficult. Where both parents of young children are at risk of being extradited, the case is of an exceptional character, and the court must consider whether a home prosecution might not also serve. In this case a trial in the US was appropriate. The best interests of the children did not outweigh the need for justice.

Lord Hope, Deputy President, Lady Hale, Lord Mance, Lord Judge, Lord Kerr, Lord Wilson, Lord Brown
[2012] UKSC 24, UKSC 2011/0210, 2012 SC (UKSC) 308
Bailii, Bailii Summary, SC Summary, SC
Extradition Act 2003, European Convention on Human Rights 8
England and Wales
CitedNorris v Government of United States of America SC 24-Feb-2010
The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result . .
CitedHenry Boot Construction (UK) Limited v Malmaison Hotel (Manchester) Limited CA 25-May-2000
Where a party appealed against an arbitration to the County or High Court, the court which gave judgment was the sole body able to give permission to enter an appeal under the Act. An appellate court did not have jurisdiction to give leave to . .
CitedNwogbe v Nwogbe CA 11-Jul-2000
There was no power to enforce an order made under the Act, when making an occupation order, which included orders for the payment of rent, and other outgoings. Such orders did not come within the exceptions under the Debtors Act, nor under the . .
CitedRegina v HM Advocate and The Advocate General for Scotland PC 28-Nov-2002
(The High Court of Justiciary) The prosecution had accepted that the matter had been the subject of unreasonable delay, but wished to continue. The defendant sought a plea in bar, on the basis that continuing would infringe his rights.
Held: . .
CitedGoatley v Her Majesty’s Advocate and Another HCJ 12-Jul-2006
. .
CitedLa Torre v Her Majesty’s Advocate HCJ 14-Jul-2006
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 . .
CitedHilali, Re; Regina (Hilali) v Governor of Whitewall Prison and Another HL 30-Jan-2008
The applicant had been detained pending his extradition. He complained that that continued detention became unlawful after fundamantal changes in the case. The telephone intercepts which were the basis of the extradition had been ruled unlawful and . .
CitedKing v The United Kingdom ECHR 26-Jan-2010
Mr King was accused of being a member of a gang engaged in a conspiracy to import large quantities of ecstasy into Australia. He appealed against extradition saying that this would interfere with his article 8 rights. He had in the United Kingdom . .
CitedAsliturk v The City of Westminster Magistrates’ Court Admn 12-Aug-2010
The claimants sought judicial review of the respondents’ refusal to order their discharge from extradition proceedings. The extradition hearing had not been commenced within the time specified in section 74. Though listed, through a prison error, . .
CitedZH (Tanzania) v Secretary of State for The Home Department SC 1-Feb-2011
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 . .
CitedHH v Deputy Prosecutor of The Italian Republic, Genoa SC 20-Jun-2012
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended . .
CitedAA v The United Kingdom ECHR 20-Sep-2011
. .
CitedLaunder v The United Kingdom ECHR 8-Dec-1997
The Commission considered the admissibility of a complaint that the United Kingdom would violate articles 2, 3, 5, 6 and 8 if it extradited him to the Hong Kong Special Administrative Region.
Held: The application was manifestly ill-founded: . .
CitedAronica v Germany ECHR 18-Apr-2002
(Decision as to admissibility) . .
CitedAA v The United Kingdom ECHR 28-Apr-2010
. .
CitedAhmad and Aswat v United Kingdom ECHR 6-Jul-2010
It will only be in exceptional circumstances that an applicant’s private or family life in a contracting state will outweigh the legitimate aim pursued by his or her extradition. Recalling that there is no right in the Convention not to be . .
Appeal fromBH and Another v HM Advocate HCJ 29-Jul-2011
. .
CitedOffice of the King’s Prosecutor, Brussels v Cando Armas and others HL 17-Nov-2005
The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation . .
CitedBermingham and others v The Director of the Serious Fraud Office QBD 21-Feb-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 . .
CitedNunez v Norway ECHR 28-Jun-2011
Article 8 rights can be sufficient to tip the balance in favour against deportation of an immigrant. . .

Cited by:
CitedHH v Deputy Prosecutor of The Italian Republic, Genoa SC 20-Jun-2012
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended . .
CitedKapri 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 Act 1998 for the appellant, who is an Albanian national, to be extradited to Albania. On 7 April 2001, while he was in . .
CitedLord Advocate (Representing The Taiwanese Judicial Authorities) v Dean SC 28-Jun-2017
(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 . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Scotland, Extradition, Family

Updated: 01 November 2021; Ref: scu.460538