The detainee sough a writ of habeas corpus. He had returned to England to surrender to bail against a representation that he would be bailed. After interview he had been remanded in custody. The officer said that he had known his representation was a false assurance.
Held: By the deception, the officer had evaded the extradition procedures. To make a promise and then break it, as blatantly as was done in this case, in my judgment is a clear abuse of process. The court reconstituted itself as a district judge, and granted bail subject to conditions.
Judges:
Mitting J
Citations:
[2007] EWHC 3494 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 04 December 2022; Ref: scu.331119
