The extraditee had been convicted in his absence in Italy having fled to avoid the trial. He complained that the trial process had been unfair and the evidence against him weak.
Held: The court’s duty was not to investigate the evidential basis of a decision made by a competent foreign court. The application was dismissed.
Judges:
Maurice Kay LJ, Penry Davey J
Citations:
[2005] EWHC 2745 (Admin), Times 13-Jan-2006
Links:
Statutes:
Extradition Act 1989 6(2) 11(3)
Jurisdiction:
England and Wales
Citing:
Cited – Regina v In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum Governor of HM Prison Brixton, ex parte Barone Admn 7-Nov-1997
The defendant had been convicted in his absence by a court in Turin and in respect of whom there was uncontradicted evidence before their lordships that if he were returned to that jurisdiction he would, under the relevant Italian procedures, be . .
Cited – Regina v Jones (Anthony William) HL 20-Feb-2002
The defendant absconded, and did not appear for his trial despite several listings. The trial proceeded in his absence entirely. After arrest, he appealed, saying that he had not had a fair trial.
Held: It was not suggested that he did not . .
Cited – Regina v John Victor Hayward, Anthony William Jones, Paul Nigel Purvis CACD 31-Jan-2001
A defendant can forego his right to attend his trial, but he still had the general right to be present, and to have legal representation at the trial. The court’s discretion to proceed in his absence should only be exercised with great care. A trial . .
Cited – Regina v Powell (Anthony) and Another; Regina v English HL 30-Oct-1997
When the court looked at the issue of foreseeability of murder in an allegation of joint enterprise, there was no requirement to show intent by the secondary party. The forseeability of the risk of the principal committing the offence from the point . .
Cited – Spinnato, Re v Governor of HM Prison Brixton and Another Admn 20-Dec-2001
The prisoner had been convicted in his absence in 1991 of offences in Italy. He was resident in England at the time, and many years later extradition was sought. He had not hidden his whereabouts, and the Italian State seemed not to have pursued . .
Cited – Urru v Governor of HM Prison, Brixton 22-May-2000
The prisoner resisted his extradition to Italy. The court examined documentation received from Italy: ‘That language may indicate that the applicant is already regarded as unlawfully at large and therefore liable to arrest which, if so, would of . .
Lists of cited by and citing cases may be incomplete.
Extradition
Updated: 04 July 2022; Ref: scu.235539