Extradition of the defendant to Poland was sought, the court saying he had fled his trial for burglaries in 1999. The defendant argued that his extradition would now be unfair.
Held: The judge was right to hold that his ruling of deliberate flight concluded the question of delay unless it could be said that the circumstances of this case were ‘most exceptional’. The defendant had not established abuse of process here.
Judges:
Longmore LJ, Mitting J
Citations:
[2007] EWHC 2754 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Kakis v Government of the Republic of Cyprus HL 1978
Kakis’ extradition was sought by Cyprus in relation to an EOKA killing in April 1973. Although a warrant for Kakis’ arrest had been issued that very night, he had escaped into the mountains and remained hidden for 15 months. Subsequently, he settled . .
Cited – Wiejak v Olsztyn Circuit Court of Poland Admn 27-Jul-2007
. .
Cited – La Torre v Italy Admn 20-Jun-2007
Laws LJ considered the decision in Kakis and said: ‘All the circumstances must be considered in order to judge whether the unjust/oppressive test is met. Culpable delay on the part of the State may certainly colour that judgment and may sometimes be . .
Cited – Regina v Osman (No 4) 1992
Where a defendant’s own conduct was taken into account in considering any delay in extradition proceedings, the court should look also at delay by the prosecutor. In borderline cases, where the accused himself is not to blame, culpable delay by the . .
Cited – Ogonowski v District Court of Bialystok, Poland Admn 2007
. .
Cited – King’s Prosecutor, Brussels v Cando Armas and Another Admn 20-Aug-2004
The prisoner had argued that the alleged offence underlying the application for his extradition to Belgium had been committed in part in England, and was therefore not extradictable. The prosecutor appealed.
Held: Part I of the 2003 Act was . .
Cited – Lisowski v Regional Court of Bialystok (Poland) Admn 28-Nov-2006
The defendant resisted extradition for a fraud prosecution brought 11 years after the relevant events which occurred in 1995. He had come to England in 2000, and the first he heard of the accusation was when he was arrested in September 2006. It was . .
Cited – Lisowski v Regional Court of Bialystok (Poland) Admn 28-Nov-2006
The defendant resisted extradition for a fraud prosecution brought 11 years after the relevant events which occurred in 1995. He had come to England in 2000, and the first he heard of the accusation was when he was arrested in September 2006. It was . .
Cited – Mitoi v Government of Romania Admn 7-Jun-2006
Where a question arises, under section 20(3) or 85(3) of the Act, as to whether a person deliberately absented himself from his trial, that is a matter which the requesting state has to prove to a criminal standard. . .
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 . .
Cited by:
Cited – Gomes v Trinidad and Tobago HL 29-Apr-2009
Each appellant challenged orders for their extradition, saying that the delay had been too prolonged, and that detention in Trinidad’s appalling jails would be an infringement of their human rights.
Held: The House had to consider its own . .
Lists of cited by and citing cases may be incomplete.
Extradition
Updated: 04 December 2022; Ref: scu.261497