The French sought to extradite Coppin who had been convicted by a court in Paris in his absence in a conviction ‘par contumace’. That conviction might be annulled if he surrendered to the court’s jurisdiction, when he would be tried again for the offence with which he had been charged, in exactly the same way as if no proceedings had been taken against him.
Held: Coppin had to be treated as an accused person for extradition purposes. Such a trial would not differ from that of a party who was put on his trial without any previous condemnation: ‘But, if, in order that no part of the argument for the prisoner may be disregarded, I should assume that it has been established that the judgment par contumace does work some prejudice to the party upon the trial, either by reducing the amount of necessary proof, or by changing its character, or by making him liable to costs, how could that possibly take him out of the category of accused persons? He has ceased to be a person condemned, because his condemnation is annulled upon his appearance, and he is to take his trial for offences with which he stands charged. What better, I ought rather to say what other, description of him could be given than that of a person accused?’
Lord Chelmsford LC
(1866) LR 2 ChApp 47
England and Wales
Cited by:
Cited – In re Guisto (application for a writ of Habeas Corpus) (Criminal Appeal from Her Majesty’s High Court of Justice) HL 3-Apr-2003
The applicant challenged an order for his extradition to the US. He had been convicted in his absence having absconded from bail.
Held: He had been arrested and held on the basis that he was a convicted person, but the procedure should have . .
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.
Crime, Extradition
Leading Case
Updated: 01 November 2021; Ref: scu.180426