An extradition request came from the United States. The applicant resisted saying that the conviction was not final.
Held: The court should examine the nature of the conviction itself. The conviction of the fugitive in his absence was treated as final because if he were returned the court would have a discretion whether or not to set that conviction aside. Evans LJ said: ‘The question is, does the applicant have a right to trial of the alleged or admitted extradition crime, notwithstanding the conviction which has been recorded?’
Judges:
Evans LJ
Citations:
[1993] COD 472, CO/2643/92
Cited by:
Cited – Caldarelli v Court of Naples HL 30-Jul-2008
The appellant challenged his extradition saying that the European Arrest Warrant under which he was held wrongly said that he was convicted, whilst he said he was wanted for trial. He had been tried in his absence, and the judgment and sentence were . .
Lists of cited by and citing cases may be incomplete.
Extradition
Updated: 01 May 2022; Ref: scu.276452