Extradition proceedings are in their nature criminal proceedings. Lindley LJ said: ‘Can we say that the application in the present case is not an application in a criminal cause or matter? I think that in substance it certainly is. Its whole object is to enable the person in custody to escape being sent for trial in America upon a charge of forgery.’
Lord Esher MR said that the phrase ‘criminal cause or matter’ should receive the widest possible interpretation, and: ‘applies to a decision by way of judicial determination of any question raised in or with regard to proceedings, the subject-matter of which is criminal, at whatever stage of the proceedings the question arises.’
Lindley LJ, Lord Esher MR
(1888) 20 QBD 832, 1888] UKLawRpKQB 89
Commonlii
England and Wales
Cited by:
Approved – Amand v Home Secretary and Minister of Defence of Royal Netherlands Government HL 1943
A Dutch serviceman who had been arrested for desertion and brought before a magistrate who ordered him to be handed over to the Dutch military authorities under the Allied Forces Act 1940. An application for habeas corpus was rejected by a . .
Applied – Bonalumi v Secretary of State for the Home Department CA 1985
In the course of extradition proceedings, an order was obtained under the 1879 Act. The defendant sought to appeal against the order, and applied to the Court of Appeal.
Held: The procedure under the 1879 Act was in the course of criminal . .
Cited – Regina v Grossman CA 1981
An application was made against Barclays Bank in London to obtain inspection of an account held at a branch of the bank in the Isle of Man.
Held: The Civil Division of the Court of Appeal which determined the application was later held to have . .
Cited – Regina (McCann and Others) v Manchester Crown Court CA 9-Mar-2001
Proceedings applying for an anti-social behaviour order, were properly civil proceedings, with civil standards of evidence, and the Human Rights Act provisions relating to criminal proceedings, were not applicable either. The section included acts . .
Cited – Cuoghi v Governor of Her Majesty’s Prison Brixton and Government of Switzerland CA 15-Jul-1997
The obtaining of an order to obtain evidence in support of a writ of habeas corpus application is a criminal matter. The Court of Appeal has no civil jurisdiction. Extradition proceedings, as well as proceedings ancillary or incidental to those . .
Cited – Alexander, Farrelly and Others, Re Judicial Review QBNI 5-Mar-2009
Each claimant said that they had been wrongfully arrested, the arresting police officers having either failed to ask whether the arrest was necessary (Farrelly), or mistakenly concluding so.
Held: The Order now contained in regulation . .
Cited – Belhaj and Another v Director of Public Prosecutions and Another SC 4-Jul-2018
Challenge to decision not to prosecute senior Intelligence Service officials for alleged offences in connection with his unlawful rendition and mistreatment in Libya. The issue here was whether on the hearing of the application for judicial review, . .
Approved – Provincial Cinematograph Theatres Ltd v Newcastle upon Tyne Profiteering Committee HL 1921
Under Section 1 of the Profiteering Act 1919, the Board of Trade had power to receive and investigate complaints of excessive profiteering. Section 2 of the Act gave a power to establish local committees to make such reports with a view to . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2021; Ref: scu.180864
