Hilali, Re; Regina (Hilali) v Governor of Whitewall Prison and Another: HL 30 Jan 2008

The applicant had been detained pending his extradition. He complained that that continued detention became unlawful after fundamantal changes in the case. The telephone intercepts which were the basis of the extradition had been ruled unlawful and inadmissible against a co-accused in the extraditing country, Spain.
Held: The appeal failed. ‘The question whether there is a case to answer on the conduct that is alleged in the European arrest warrant is not one that can be examined in the requested state. An inquiry into that question is contrary to the principle of mutual recognition on which the Framework Decision is founded. ‘ The difficulty may not have arisen if the applicant had resticted the warrant to the matters required to be included. One feature among the provisions for appeals in the 2003 Act is that not every decision that the judge is required to take can be appealed under the statute.


Lord Bingham of Cornhill, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Neuberger of Abbotsbury


[2008] UKHL 3, [2008] AC 805, [2008] 2 WLR 299, [2008] 2 All ER 207, [2008] 2 CMLR 8




Council of the European Union Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States 8(1), Extradition Act 2003c


England and Wales


Appeal fromHilali v Governor of HMP Whitemoor and others Admn 25-Apr-2007
The claimant had been in prison pending removal after his resistance to a European Extradition Warrant had failed. Subsequent developments in the case against him in Spain suggested that the case against him might now fail. He sought a writ of . .
See AlsoHilali v Central Court of Criminal Proceedings National Court (Madrid No 5) Admn 15-Jun-2007
. .
CitedOffice 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 . .
CitedDabas v High Court of Justice, Madrid HL 28-Feb-2007
The defendant sought to appeal his extradition to Spain to face terrorism charges. He complained that the certificate required under the 2003 Act could not be the European arrest warrant itself, that the offence did not satisfy the double . .
See AlsoHilali v The National Court, Madrid and Another (No 5) Admn 26-May-2006
Appeal against an extradition order for his extradition to Spain. The court was concerned with an issue of ‘extraneous circumstances’ arising under, respectively, section 6(1) of the 1989 Act and section 13 of the 2003 Act. . .
See AlsoHilali v Central Court of Criminal Proceedings Number 5 and Another Admn 16-Nov-2006
. .

Cited by:

CitedPilecki v Circuit Court of Legnica, Poland HL 6-Feb-2008
The defendant appealed against an extradition order made under a European Arrest Warrant to ensure that he served a sentence of imprisonment in Poland. The warrant was in respect of several sentences, some of which were for more and some for less . .
CitedMann, Regina (on The Application of) v The City of Westminster Magistrates’ Court and Others Admn 19-Jan-2010
The defendant had been convicted of an offence in Portugal and sentenced to imprisonment. He was given an order for voluntary departure, but his lawyers did not file an appeal. When a European Arrest Warrant was issued, he now sought an order for . .
See AlsoHilali, Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Nov-2008
. .
CitedBH and Another v The Lord Advocate and Another SC 20-Jun-2012
The appellants wished to resist their extradition to the US to face criminal charges for drugs. As a married couple that said that the extraditions would interfere with their children’s rights to family life.
Held: The appeals against . .
Lists of cited by and citing cases may be incomplete.


Updated: 13 July 2022; Ref: scu.264023