The Government of Italy sought the return of a fugitive who had been tried and convicted in his absence. The issue was whether the warrant should have been issued against the fugitive as a convicted person and not, as it had, as an accused person.
Held: The warrant had been correctly issued since the trial process had not yet come to an end. Judge LJ said that the process in Italy was incomplete not only in relation to sentence but also conviction.
Judges:
Judge LJ, Morison J
Citations:
[2000] EWHC 558 (QB)
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
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.
Extradition
Updated: 09 July 2022; Ref: scu.263148