The court certified a point of law for the House of Lords as follows: ‘Where a fugitive has been convicted and sentenced in his absence in the requesting state, but the conviction and sentence are neither final nor enforceable, may his case be treated as an accusation case even though he does not enjoy an unqualified right to a retrial on the merits?’
Judges:
Laws LJ, Tomlinson J
Citations:
[2007] EWHC 1624 (QB), [2007] EWHC 1624 (Admin), [2008] 1 WLR 31
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – La 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 . .
Cited by:
Appeal from – Caldarelli v Court of Naples HL 30-Jul-2008
The appellant challenged his extradition saying that the European Arrest Warrant under which he was held wrongly said that he was convicted, whilst he said he was wanted for trial. He had been tried in his absence, and the judgment and sentence were . .
Lists of cited by and citing cases may be incomplete.
Extradition
Updated: 18 July 2022; Ref: scu.271163
