The court should not apply the strict canons which are appropriate to the construction of domestic legislation to extradition treaties. Extradition treaties, and extradition statutes, ought to be accorded a broad and generous construction so far as the texts permits it in order to facilitate extradition.
Lord Bridge of Harwich said: ‘It must be remembered that the reciprocal rights and obligations which the high contracting parties confer and accept are intended to serve the purpose of bringing to justice those who are guilty of grave crimes committed in either of the contracting states. To apply to extradition treaties the strict canons appropriate to the construction of domestic legislation would often tend to defeat rather than to serve this purpose.’
Judges:
Lord Bridge of Harwich
Citations:
[1988] AC 924
Jurisdiction:
England and Wales
Cited by:
Cited – Office 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 . .
Lists of cited by and citing cases may be incomplete.
Extradition
Updated: 30 April 2022; Ref: scu.235137