swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Extradition - From: 2002 To: 2002
This page lists 14 cases, and was prepared on 21 May 2019.
Neil Walker v The Governor of HM Prison Nottingham 2002] EWHC 39 (Admin)
25 Jan 2002
QBD
Lord Justice Kennedy, And, Mrs Justice Hallett
Extradition
The claimant sought a writ of habeas corpus. The Commissioners of Customs and Excise had requested the arrest of the claimant in the US pending extradition. It was not realised that the offence alleged was not sufficient to found extradition. The claimant volunteered repatriation. On his arrival back in the UK, he claimed that because he had been extradited, no further charges could be laid against him, and he was entitled to damages for the wrongful request for the issue of the warrant. Held: He had not been extradited, but had returned voluntarily. No formal extradition request had ever been issued. Had one been prepared, the mistake would have been seen. The prosecution was not limited to the extradition charges. The case of Bennett could not be extended, and there was no particular misbehaviour on the part of the prosecution to create an abuse.
Extradition Act 1989 1(3) - United States of America (Extradition) Order 1976 (1976 No 2144)
1 Cites
[ Bailii ]
Regina (Warda) v Governor of Brixton Prison and Another Times, 18 March 2002
13 Feb 2002
QBD
Lord Justice Keene and Mr Justice Goldring
Extradition
When making an extradition order, the court did not have to consider each provision of the Act. Parliament did not intend for it to be part of the function of the district judge to occupy his time deciding whether the many and varied treaty obligations had been complied with. Expert evidence could be admitted to establish compliance with the various provisions.
United States of America (Extradition) Order 1976 (1976 No 2144) Sch 1, article III(1) VII(2)(c) - Extradition Act 1989 Sch 1
1 Cites
Johannes Cornelius Vervuren v Her Majesty's Advocate [2002] ScotCS 109
12 Apr 2002
HCJ
Lady Paton
Scotland, Crime, Extradition, Human Rights
The applicant had been extradited from Portugal. He said that the procedures in Portugal had infringed his human rights in that he had not had proper representation nor translation, and that his consent to extradition had been under protest as to this. Held: The Sinclair case appeared to remain binding. The court could not look behind apparently valid extradition proceedings in a friendly state. If Sinclair was not good law still, the Horseferry Magistrates Court case did not assist the appellant either. The defects identified were not sufficient to raise a need to investigate the behaviour of the Portuguese courts. There was no general pro-active duty on the British courts to investigate the compliance with Human Rights law of a foreign court.
1 Cites
[ ScotC ] - [ Bailii ]
Aronica v Germany [2002] ECHR 859; 72032/01
18 Apr 2002
ECHR
Caflisch P
Human Rights, Extradition
(Decision as to admissibility)
1 Citers
[ Bailii ]
Kleuver v- -Norway 45837/99
30 Apr 2002
ECHR
Human Rights, Extradition
The mother resisted extradition to face a drug trafficking charge. She complained that she would be separated from her child on its birth. Held: Her claim failed.
European Convention on Human Rights 8
1 Citers
Regina v Commissioner of Police for The Metropolis, ex parte Rottman; HL 16-May-2002 - Times, 21 May 2002; [2002] UKHL 20; [2002] 2 AC 692; [2002] ACD 69; [2002] 2 WLR 1315; [2002] 2 All ER 865; [2002] HRLR 32; 12 BHRC 329
Kumar, Regina (on the Application Of) v Republic of Germany [2002] EWHC 1237 (Admin)
22 May 2002
Admn
Extradition
[ Bailii ]
Noel Heath Charles Miller and Glenroy Matthew v The Government of the United States of America (2002) 61 WIR 189; [2002] UKPC 33
19 Jun 2002
PC
Hutton L
Commonwealth, Extradition
PC (Saint Christopher and Nevis) The US requested extradition of the defendant and others from St Kitts. A magistrate declined to do so, and ordered their discharge. The High Court quashed (or intended to quash) that order and remitted the case. The magistrate decided that his original order had not been quashed and would not proceed. On a second application, the High Court ruled that the magistrate's order had been quashed and again directed him to proceed. Against that decision Heath and his associates sought special leave to appeal to the Board. On the hearing of the petition for special leave, the Board was informed, counsel for the petitioners asserted that the Board had jurisdiction, relying on Maharaj. The US Government accepted that the Board had jurisdiction.
1 Citers
[ Bailii ] - [ PC ]
Goatley v The Governor of HM Prison Brixton and the Government of the Netherlands [2002] EWHC 1209 (Admin)
20 Jun 2002
QBD
Lord Justice Kennedy, Nelson J
Extradition, Crime
The second respondent sought the extradition of the applicant for trial for drugs offences. He said that the alleged offences were extra terratorial to the second defendant, but that extradition was restricted to intra territorial offences. Held: The importing of cannabis is an intra-territorial offence, as is a conspiracy to commit that offence. There was jurisdiction, and the request for habeas corpus failed.
Extradition Act 1989 7
1 Cites
[ Bailii ]
Ramda, Regina (on the Application of) v Secretary of State for the Home Department [2002] EWHC 1278 (Admin)
27 Jun 2002
Admn
Sedley LJ
Extradition
The Government of France sought the extradition of Ramda wanted by them for trial in connection with a series of terrorist bombings in France. The applicant resisted extradition to France on the ground that the evidence which would be relied on against him at trial had been obtained by torture and that he would be unable to resist its admission. Held: "Among the issues for the Home Secretary to determine may be whether the trial to be faced by the wanted person will be a fair trial. This may involve the voluntariness of extra-judicial confessions relied on as against him." If these points were made out, his trial would not be fair and the Secretary of State would be effectively bound to refuse to extradite him.
1 Cites
1 Citers
[ Bailii ]
Fini v Governor of Hm Prison Brixton and Another [2002] EWHC 1473 (Admin)
17 Jul 2002
Admn
Extradition
[ Bailii ]
Schreiber v Canada (Attorney General) [2002] SCJ No 63; [2002] 3 SCR 269; [2002] SCC 62
12 Sep 2002
McLachlin, Beverley; Gonthier, Iacobucci, Bastarache, Binnie, Arbour and LeBel JJ
Commonwealth, International, Extradition
SCC (Supreme Court of Canada) International law - Sovereign immunity - Attornment to Canadian court's jurisdiction exception - Germany initiating extradition process against Canadian citizen - Citizen arrested by RCMP and spending eight days in jail - Citizen suing Germany seeking damages for personal injuries suffered as a result of his arrest and detention in Canada - Whether Germany immune from jurisdiction of Canadian courts - Whether attornment to Canadian court's jurisdiction exception applicable so as to deprive Germany of its immunity from instant action - Whether Germany waived its immunity from lawsuits in Canadian courts when it initiated extradition process - State Immunity Act, R.S.C. 1985, c. S-18, s. 4(2)(b).
International law - Sovereign immunity -- Personal injury exception -- Scope of exception -- Germany initiating extradition process against Canadian citizen -- Citizen arrested by RCMP and spending eight days in jail -- Citizen suing Germany seeking damages for personal injuries suffered as a result of his arrest and detention in Canada -- Whether Germany immune from jurisdiction of Canadian courts -- Whether personal injury exception applicable so as to deprive Germany of its immunity from instant action -- Whether exception distinguishes between jure imperii and jure gestionis acts -- Whether exception applies only to claim of physical injury -- State Immunity Act, R.S.C. 1985, c. S-18, s. 6(a).
Statutes -- Interpretation -- Bilingual statutes -- Personal injury exception to state immunity -- Meaning of expression "personal injury" -- Whether French version best reflects common intention of legislator found in both versions -- Whether amendment made by Federal Law-Civil Law Harmonization Act to English version substantively changed the law -- Purpose of harmonization legislation -- State Immunity Act, R.S.C. 1985, c. S-18, s. 6(a) -- Federal Law-Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4, s. 121.
1 Citers
[ SCC ]
Mohammad Fakhar Al Zaman Lodhi v The Governor of Brixton Prison, The Government of The United Arab Emirates [2002] EWHC 2029 (Admin)
9 Oct 2002
Admn
Lord Justice Kennedy
Extradition
1 Cites
1 Citers
[ Bailii ]
Serbeh v Governor of HM Prison Brixton CO/2853/2002; Unreported, 31 October 2002k
31 Oct 2002
Kennedy LJ
Extradition
Kennedy LJ said: "[T]here is (still) a fundamental assumption that the requesting state is acting in good faith."
1 Citers
