swarb.co.uk - law index
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Extradition - From: 1900 To: 1929
This page lists 2 cases, and was prepared on 21 May 2019.
The United States of America v Gaynor [1905] AC 128
1905
PC
Lord Halsbury L.C
Commonwealth, Constitutional, Extradition
The Privy Council allowed an appeal from an order of a Judge, itself having given special leave to appeal.
Lord Halsbury LC said: "Their Lordships do not mean to suggest that the writ of habeas corpus is not applicable when there is a preliminary proceeding. Each case must depend upon its own merits. But where a prisoner is brought before a competent tribunal, and is charged with an extradition offence and remanded for the express purpose of affording the prosecution the opportunity of bringing forward the evidence by which that accusation is to be supported; if, in such a case, upon a writ of habeas corpus, a learned Judge treats the remand warrant as a nullity, and proceeds to adjudicate upon the case as though the whole evidence were before him, it would paralyze the administration of justice and render it impossible for the proceedings in extradition to be effective."
1 Citers
Re Clifford and O'Sullivan [1921] AC 570
1921
HL
Extradition, Armed Forces
Military tribunals are "not courts at all, but mere committees of officers meeting to inform the mind and carry out the orders of the Commander-in-Chief".
1 Citers
