French v Public Prosecutor of The Central Department of Investigation and Prosecution In Lisbon Portugal: PC 13 Jun 2013

(Gibraltar) Mr French appealed against refusal of his request to have set aside an order for his extradition under a European Arrest Warrant. He argued that (in general) the court had failed to deal with the matter within the mandatory time limits.
Held: The appeal failed. The submissions were unsound: ‘Section 12(6) of the Act clearly identifies the consequence of a failure to decide whether to execute the warrant within 60 days of a person’s arrest. The consequence is not his entitlement to release. It is that an obligation is cast upon the court to make a direction to the Governor. The subsection does not precisely identify the time within which the court’s direction should be made but it is reasonable for the appellant to assert, including by reference to Article 17(4) of the Decision, that it should be made immediately. On that basis the court committed what, in the light of the time-scale, was a minor breach of its obligation to make the direction. But, again, there is nothing in section 12(6) to indicate that the consequence of its breach was the appellant’s entitlement to release.’

Lord Hope, Lady Hale, Lord Kerr, Lord Wilson, Lord Hughes
[2013] UKPC 16
CitedCriminal proceedings against Pupino ECJ 16-Jun-2005
ECJ (Grand Chamber) Police and judicial cooperation in criminal matters – Articles 34 EU and 35 EU – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Protection of vulnerable . .
CitedAssange v The Swedish Prosecution Authority SC 30-May-2012
The defendant sought to resist his extradition under a European Arrest Warrant to Sweden to face charges of sexual assaults. He said that the prosecutor who sought the extradition was not a judicial authority within the Framework Decision.
ApprovedDundon v The Governor of Cloverhill Prison 19-Dec-2005
(Supreme Court of Ireland) The UK had issued a European arrest warrant in relation to the appellant. On 11 February 2004 he was arrested in Ireland and remanded in custody. 93 days later, following various adjournments of which some had been at his . .
CitedChahal v The United Kingdom ECHR 15-Nov-1996
Proper Reply Opportunity Required on Deportation
(Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of . .

Lists of cited by and citing cases may be incomplete.

Commonwealth, Extradition

Updated: 14 November 2021; Ref: scu.510850