Citations: [2009] EWHC 1292 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 18 August 2022; Ref: scu.460465
Citations: [2010] ScotHC HCJAC – 42, 2010 JC 235 Links: Bailii Statutes: Extradition Act 2003 Cited by: Cited – Kapri v The Lord Advocate (Representing The Government of The Republic of Albania) SC 10-Jul-2013 The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights … Continue reading Engler v Her Majesty’s Advocate: HCJ 4 May 2010
(Scotland) The respondent was to be extradited to Taiwan to serve the balance of a prison term. His appeal succeeded and the order quashed on the basis that his treatment in the Taiwanese prison system would infringe his human rights. The Lord Advocate now appealed. Held: The question was a devolution issue, being ‘a question … Continue reading Lord Advocate (Representing The Taiwanese Judicial Authorities) v Dean: SC 28 Jun 2017
Application for Leave to Appeal to UK Supreme Court – refused Citations: [2016] ScotHC HCJAC – 83, 2017 SCCR 17, 2016 GWD 38-672, 2017 SCL 170, 2017 SLT 121 Links: Bailii Statutes: European Convention on Human Rights 3, Extradition Act 2003 Jurisdiction: Scotland Cited by: See Also – Lord Advocate v Dean HCJ 24-Nov-2016 Application … Continue reading Dean v The Lord Advocate and Another: HCJ 23 Sep 2016
The court set out the conditions for the use of article 8 rights claims in extradition proceedings where the proposed extradition would be to other states within the European Union. Judges: John Thomas, Baron Thomas of Cwmgiedd LCJ, Ryder LJ, Ouseley J Citations: [2015] EWHC 1274 (Admin), [2016] 3 All ER 71, [2016] 1 WLR … Continue reading Polish Judicial Authorities v Celinski and Others: Admn 6 May 2015
Judges: Lord Thomas of Cwmgiedd CJ, Cranston J Citations: [2014] EWHC 1886 (Admin), [2015] 2 All ER 415, [2015] 1 WLR 507, [2014] WLR(D) 259 Links: Bailii, WLRD Statutes: Extradition Act 2003 105 Jurisdiction: England and Wales Extradition Updated: 16 August 2022; Ref: scu.526400
Citations: [2012] ScotHC HCJAC – 84 Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: Scotland Citing: See Also – Kapri v The Lord Advocate for and On Behalf of The Court of First Instance Judicial District of Elbasan, Albania HCJ 2-Feb-2012 The applicant objected to his proposed extradition to Albania, saying that he would not receive … Continue reading Kapri v The Lord Advocate Representing The Government of The Republic of Albania: HCJ 1 Jun 2012
The Court was asked whether it would be compatible with the appellant’s Convention rights within the meaning of the Human Rights Act 1998 for the appellant, who is an Albanian national, to be extradited to Albania. On 7 April 2001, while he was in the United Kingdom as an illegal immigrant, another Albanian national named … Continue reading Kapri v The Lord Advocate (Representing The Government of The Republic of Albania): SC 10 Jul 2013
The defendants objected to their poropsed extradition to the US to face charges of money laundering, fraud and identity theft. Judges: Simon, Wilkie JJ Citations: [2012] EWHC 31 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 14 August 2022; Ref: scu.450309
Service of an unsealed notice of appeal was at worst a procedural error which should not vitiate an appeal against extradition. Judges: Sullivan LJ, Wilkie J Citations: [2009] EWHC 2259 (Admin) Links: Bailii Statutes: Extradition Act 2003 26(4) Cited by: Cited – Lukaszewski v The District Court In Torun, Poland SC 23-May-2012 Three of the … Continue reading Sciezka v The Court In Sad Okregowy, Kielce, Poland: Admn 4 Jun 2009
The defendant had been convicted of an offence in Portugal and sentenced to imprisonment. He was given an order for voluntary departure, but his lawyers did not file an appeal. When a European Arrest Warrant was issued, he now sought an order for judicial review of SOCA’s decision not to resist the warrant, citing problems … Continue reading Mann, Regina (on The Application of) v The City of Westminster Magistrates’ Court and Others: Admn 19 Jan 2010
Challenge to decision to extradite for offence now 17 years old. Citations: [2007] EWHC 3282 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 13 August 2022; Ref: scu.271201
The defendant appealed against an order for his extradition to Croatia to face a charge of a war crime. Judges: Aikens L, Nicol J Citations: [2015] EWHC 46 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 05 August 2022; Ref: scu.542596
Citations: [2009] EWHC 2830 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 30 July 2022; Ref: scu.377895
Judges: Pill LJ, Pitchford J Citations: [2008] EWHC 2856 (Admin) Links: Bailii Statutes: Extradition Act 2003 103 Jurisdiction: England and Wales Extradition Updated: 30 July 2022; Ref: scu.278261
Appeal against a decision in extradition proceedings for Mr Finch’s extradition to France, raising a single issue: whether the District Judge was wrong to decide that Mr Finch’s extradition to France would not be oppressive for delay. Judges: Sir Anthony May P QBD, Blake J Citations: [2009] EWHC 1394 (Admin) Links: Bailii Statutes: Extradition Act … Continue reading Finch v Public Prosecutor Tribunal De Grande Instance Boulogne Sur Mer France: Admn 20 May 2009
Judges: Pill LJ, Cranston J Citations: [2009] EWHC 1410 (Admin) Links: Bailii Statutes: Extradition Act 2003 Extradition Updated: 28 July 2022; Ref: scu.347260
Extradition appeal on grounds invoking section 14 of the Extradition Act 2003 (injustice or oppression by reason of the passage of time) and Article 8 ECHR (disproportionate interference with private or family life). Judges: Mr Justice Fordham Citations: [2022] EWHC 1697 (Admin) Links: Bailii Jurisdiction: England and Wales Extradition Updated: 26 July 2022; Ref: scu.679103
Judges: Richards LJ, Blair J Citations: [2009] EWHC 1020 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Citing: Cited – Ignaoua and others v The Judicial Authority of the Courts of Milan and others Admn 30-Oct-2008 . . Lists of cited by and citing cases may be incomplete. Extradition Updated: 25 July … Continue reading Taylor v HMP Wandsworth and Others: Admn 15 May 2009
The applicant challenged his extradition to Australia on a charge of murder. He suffered schizophrenia, and confesed to the killing whilst receiving hospital treatment. He said that after 23 years, his extradition would be oppresive. Judges: Scott-Baker LJ, Silber J Citations: [2009] EWHC 564 (Admin) Links: Bailii Statutes: Extradition Act 2003 91 Extradition Updated: 24 … Continue reading Hutton v Government of Australia: Admn 20 Mar 2009
The claimant challenged his extradition to the US saying that it was wrong for the US to continue to be listed as a designated country for extradition under section 84. Held: The fact that the US had not yet ratified the treaty under which a UK citizen could be extradited to the US without establishment … Continue reading Norris, Regina (on the Application of) v Secretary of State for the Home Department: Admn 24 Feb 2006
Citations: [2009] EWHC 383 (Admin) Links: Bailii Statutes: Extradition Act 2003 2(4)(c) Jurisdiction: England and Wales Citing: See Also – Von Der Pahlen v Government of Austria Admn 27-Jun-2006 The defendant resisted extradition to Austria saying that the warrant was defective. The claimant said that generalised charges were sufficient. Held: ‘The language of section 2(4)(c) … Continue reading Von Der Pahlen v Leoben High Court, Austria: Admn 4 Mar 2009
Citations: [2006] EWHC 167 (Admin), [2006] 3 All ER 574, [2006] ACD 54, [2007] 1 WLR 124 Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 23 July 2022; Ref: scu.238766
Citations: [2006] EWHC 56 (Admin), [2006] 2 All ER 451, [2006] 1 WLR 3061 Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 23 July 2022; Ref: scu.238411
Judges: Smith LJ, Newman J Citations: [2006] EWHC 165 (Admin), [2006] Extradition LR 16, [2006] 2 All ER 735 Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 21 July 2022; Ref: scu.238527
Appeal, under section 103 from the decision to send the matter to the Secretary of State for Home Affairs to consider extraditing Zeqaj to Albania to serve a sentence of 23 years in connection with murder and firearms offences. Judges: Gross LJ, Gloster DBE J Citations: [2013] EWHC 261 (Admin) Links: Bailii Statutes: Extradition Act … Continue reading Zeqaj v Government of Albania: Admn 20 Feb 2013
The defendant objected to the extradition order, saying that the European arrest warrant relied on did not disclose other warrants issued for the same offences. Held: The Act required the warrant to be validated by the issuing national court. It was not required that it include reference to earlier warrants. The Act should be read … Continue reading Louca v Public Prosecutor In Bielefel, Germany: Admn 27 Nov 2008
Citations: [2008] EWHC 2065 (Admin) Links: Bailii Statutes: Extradition Act 2003 87(3) Jurisdiction: England and Wales Extradition Updated: 19 July 2022; Ref: scu.276236
The court certified a point of law for the House of Lords as follows: ‘Where a fugitive has been convicted and sentenced in his absence in the requesting state, but the conviction and sentence are neither final nor enforceable, may his case be treated as an accusation case even though he does not enjoy an … Continue reading Caldarelli v The Court of Naples: Admn 12 Jul 2007
ECJ Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant and surrender procedures between Member States – Article 4(6) – Ground for optional non-execution of a European arrest warrant – Interpretation of the terms ‘resident’ and ‘staying’ in the executing Member State. Citations: C-66/08, [2008] EUECJ C-66/08, [2009] QB … Continue reading Kozlowski (Police And Judicial Cooperation In Criminal Matters): ECJ 17 Jul 2008
Maurice Kay LJ said that section 2(6)(c) of the 2003 Act ‘should be construed as referring only to other EAWs issued in respect of the offence.’ Judges: Maurice Kay LJ, Penry-Davey J Citations: [2008] EWHC 1389 (Admin) Links: Bailii Statutes: Extradition Act 2003 2(6)(c) Jurisdiction: England and Wales Cited by: Cited – Louca v A … Continue reading Zakowski v Regional Court In Szczecin, Poland: Admn 16 May 2008
The court was asked whether there was jurisdiction in High court to hear an appeal under section 26(4) against extradition order. Citations: [2008] EWHC 884 (Admin) Links: Bailii Statutes: Extradition Act 2003 26(4) Citing: Applied – Vilnius City, the District Court of v Barcys Admn 22-Mar-2007 The court considered whether it had jurisdiction to apply … Continue reading Gercans v The Government of Latvia: Admn 27 Feb 2008
The applicant had been detained pending his extradition. He complained that that continued detention became unlawful after fundamantal changes in the case. The telephone intercepts which were the basis of the extradition had been ruled unlawful and inadmissible against a co-accused in the extraditing country, Spain. Held: The appeal failed. ‘The question whether there is … Continue reading Hilali, Re; Regina (Hilali) v Governor of Whitewall Prison and Another: HL 30 Jan 2008
The Madrid Court had issued European Arrest Warrants against the three appellants on charges of membership of a criminal organisation and terrorism. The appellants had unsuccessfully challenged extradition before the District Judge on a large number of grounds. These included the contention that extradition would violate articles 3, 5, 6 and 8 of the Convention. … Continue reading Jaso and others v Central Criminal Court No.2 Madrid: Admn 14 Dec 2007
Citations: [2007] EWHC 2632 (Admin) Links: Bailii Statutes: Extradition Act 2003 Cited by: Appeal from – Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice) HL 21-Jan-2009 The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice … Continue reading Mucelli v Albania and Another: Admn 15 Nov 2007
Citations: [2007] EWHC 1768 (Admin) Links: Bailii Statutes: Extradition Act 2003 Extradition Updated: 11 July 2022; Ref: scu.258801
Sedley LJ discussed and rejected the argument that ‘the analogue of the warrant is the request’ in extradition procedure and said: ‘Here, as in Dabas, the question is what is ‘the conduct’ which has to amount to an extradition offence? Is it the conduct asserted in the indictment or the conduct recounted as giving rise … Continue reading Edwards v Government of United States of America: Admn 31 Jul 2007
The government of Croatia sought the extradition of the respondent and now appealed against its refusal which had been on the grounds of the long passage of time. Judges: Hughes LJ, Treacy J Citations: [2007] EWHC 1770 (Admin) Links: Bailii Statutes: Extradition Act 2003 82 Cited by: See Also – Spanovic v Government of Croatia … Continue reading Croatia v Spanovic: Admn 27 Jul 2007
In extradition proceedings the accused has no right to disclosure of evidence to the same extent and of the same kind which would be available in domestic proceedings. Laws LJ said that a prison sentence without chance for parole might infringe the defendant’s human rights: ‘The abolition of the death penalty has been lauded, and … Continue reading Wellington, Regina (on the Application of) v Secretary of State for the Home Department: Admn 18 May 2007
Judges: Jay J Citations: [2019] EWHC 1698 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition, Human Rights Updated: 10 July 2022; Ref: scu.639245
The Lord Advocate had conceded that devolution minutes were competent in proceedings under the 2003 Act. Judges: Lord Justice Clerk And Lord Macfadyen And Lord Nimmo Smith Citations: [2006] ScotHC HCJA – 81, 2008 JC 23 Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: Scotland Citing: See Also – La Torre v Her Majesty’s Advocate HCJ … Continue reading La Torre v The Lord Advocate and Another: HCJ 8 Nov 2006
Application was made for the prisoner to be extradited whilst he served his prison sentence here. The application had been made early in the prisoner’s nine year term, intending that it should then be adjourned until a point close to te completion of the sentence. The district judge rejected the request. Held: The statute required … Continue reading Slator v Bow Street Magistrates’ Court, High Court of Dublin (Interested Party ): Admn 4 Oct 2006
Judges: Lord Phillips of Worth Matravers LCJ, Roderick Evans J Citations: [2006] EWHC 2700 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 27 Extradition Updated: 08 July 2022; Ref: scu.246354
ECJ (Opinion) European Parliament – Elections – Right to vote – Requirements of residence in the Netherlands for Netherlands citizens of Aruba – Citizenship of the Union. Judges: A Tizzano AG Citations: C-300/04, [2006] EUECJ C-300/04, [2009] QB 307, [2006] ECR I-8055, ECLI:EU:C:2006:545, [2007] All ER (EC) 486, [2007] 1 CMLR 4 Links: Bailii Cited … Continue reading Eman and Sevinger (European Citizenship): ECJ 12 Sep 2006
The defendant a serving prisoner sought an adjournment of his extradition to a time closer to the end of the sentence he was to serve in England. Held: The court had sympathy with the argument that where the district judge is being invited to express his satisfaction over matters under section 11 and section 21 … Continue reading United States of America, Regina (on the Application of) v Bow Street Magistrates’ Court: Admn 6 Sep 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. Judges: Maurice Kay LJ Citations: [2006] EWHC 1977 (Admin) Links: Bailii Statutes: Extradition Act 2003 20(3) 85(3) … Continue reading Mitoi v Government of Romania: Admn 7 Jun 2006
The applicant resisted his extradition to Italy, saying that the provisions of Part 2 of the 2003 Act were engaged because the case started life before Italy ratified the Framework Decision and so adopted the EAW system. La Torre had been found guilty of extradition crimes in Italy and sentenced, but this first instance process … Continue reading La Torre v Her Majesty’s Advocate: HCJ 14 Jul 2006
Judges: Latham LJ, McCombe J Citations: [2006] EWHC 1750 (Admin) Links: Bailii Statutes: Extradition Act 2003 103 Jurisdiction: England and Wales Extradition Updated: 07 July 2022; Ref: scu.243304
The defendant resisted extradition to Austria saying that the warrant was defective. The claimant said that generalised charges were sufficient. Held: ‘The language of section 2(4)(c) is not obscure and, in my judgment, it should be given its plain and ordinary meaning. The sub-section requires the warrant to obtain particulars of the circumstances in which … Continue reading Von Der Pahlen v Government of Austria: Admn 27 Jun 2006
Citations: [2006] EWHC 1745 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 07 July 2022; Ref: scu.243306
Judges: Moses LJ, Stanley Burnton J Citations: [2006] EWHC 1702 (Admin) Links: Bailii Statutes: Extradition Act 2003 92 Jurisdiction: England and Wales Extradition Updated: 07 July 2022; Ref: scu.243302
Judges: Lord Kingarth And Lord Mcewan And Lord Nimmo Smith Citations: [2006] ScotHC HCJAC – 55, 2007 SLT 14, 2008 JC 1, 2006 SCCR 463, 2006 GWD 33-690, [2006] HCJAC 55, [2007] Eu LR 42 Links: ScotC, Bailii Statutes: Extradition Act 2003 26(1) Jurisdiction: Scotland Citing: Appeal from – Goatley, Re European Arrest Warrant ScSf … Continue reading Goatley v Her Majesty’s Advocate and Another: HCJ 12 Jul 2006
Citations: [2006] EWHC 1333 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Extradition Updated: 06 July 2022; Ref: scu.242633
The USA appealed against an order made in extradition proceedings. The defendants sought the supply of further papers by the prosecutor which might support their claim for abuse of process. The USA replied that the documents were protected by either diplomatic or legal professional prvilege. It was also disputed whether the 1989 or the 2003 … Continue reading United States of America, Regina (on the Application of) v Senior District Judge, Bow Street Magistrates Court, and Tollman and another: Admn 12 Jun 2006
Appeal against an extradition order for his extradition to Spain. The court was concerned with an issue of ‘extraneous circumstances’ arising under, respectively, section 6(1) of the 1989 Act and section 13 of the 2003 Act. Judges: Scott Baker LJ, Openshaw J Citations: [2006] EWHC 1239 (Admin), [2007] 1 WLR 768 Links: Bailii Statutes: Extradition … Continue reading Hilali v The National Court, Madrid and Another (No 5): Admn 26 May 2006
Citations: [2019] EWHC 1329 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 06 July 2022; Ref: scu.637795
The defendant complained that the European arrest warrant under which he was held was not effective since it did not certify or specify an extradictable offence. Held: Provided the relevant material required by the statute was clearly set out in the warrant, that part of the warrant could be treated as a certificate so as … Continue reading Dabas v The High Court of Justice Madrid Spain: Admn 4 May 2006
Judges: Supperstone J Citations: [2019] EWHC 1185 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 06 July 2022; Ref: scu.637796
Judges: Mr Justice Newman Lady Justice Smith DBE Citations: [2006] EWHC 248 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 05 July 2022; Ref: scu.239952
The defendant argued that a failure to observe procedures under the Act resulted in his detention being unlawful and therefore susceptible to judicial review. He had not been brought before the appropriate court as soon as practicable after his arrest, pursuant to section 4(3) of the 2003 Act, but the district judge had refused to … Continue reading Nikonovs v HM Prison Brixton and Republic of Latvia: Admn 2 Nov 2005
The defendant objected to his extradition to Poland to serve the balance of a term of imprisonment, saying that it would be oppressive and for the risk of suicide if returned. Judges: Bean J Citations: [2011] EWHC B2 (Admin), [2011] EWHC 374 (Admin) Links: Bailii, Bailii Statutes: Extradition Act 2003 25 Jurisdiction: England and Wales … Continue reading Wrobel v Poland: Admn 9 Feb 2011
(City of Westminster Magistrates Court) Extradition request-terrorism offences: Issue: ‘refoulement’ i.e. absent any assurance come acquittal or concluded sentence there will not be onward removal to Pakistan without due process by US Courts and there subject to torture Judges: Purdy J Citations: [2011] EW Misc 4 (MC) Links: Bailii Statutes: Extradition Act 2003 87(2) Jurisdiction: … Continue reading United States of America v Naseer: Misc 21 Jan 2011
Judges: Lewis J Citations: [2019] EWHC 602 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 11 June 2022; Ref: scu.635167
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 intended to be a complete code and part of the European arrest warrant scheme, intended to … Continue reading King’s Prosecutor, Brussels v Cando Armas and Another: Admn 20 Aug 2004
ECJ 1. In order for an action to be admissible under the first paragraph of Article 173 of the Treaty, the contested act must be an act of an institution which produces legal effects. Since it is apparent from the actual wording of an agreement concluded by the Commission with a non-member country that that … Continue reading France v Commission: ECJ 9 Aug 1994
Extradition of the defendant was sought so as to serve a sentence of imprisonment. Held: Use in the warrant of the actual words in the Act was not required. ‘Even if the actual words of the Act are not incorporated in the request, and even if there is no equivalent wording, in my view, at … Continue reading Bleta, Regina (on the Application of) v Secretary of State for the Home Department: Admn 9 Aug 2004
The court considered the forum bar in section 83A of the 2003 Act, Judges: Lord Burdon of Maldon LCJ, Ouseley J Citations: [2018] WLR(D) 66, [2018] EWHC 172 (Admin), [2018] 1 WLR 2889, [2018] 2 All ER 911, [2018] Lloyd’s Rep FC 217 Links: WLRD, Bailii, Judiciary Statutes: Extradition Act 2003 83A Jurisdiction: England and … Continue reading Love v The Government of The United States of America and Another: Admn 5 Feb 2018
The defendant had taken his challenge to the magistrates’ decision on the application to extradite him to Australia to the High Court, who had remitted the case for reconsideration of whether the Australian law on misuse of drugs was compliant with human rights law in Europe. The district judge had reconsidered the issue in the … Continue reading Regina (Okandeji) v Bow Street Magistrates Court: QBD 11 Nov 2005
Appeal against the judgment at the Westminster Magistrates’ Court ordering the surrender of the respondent Judicial Authority under a conviction European Arrest Warrant. Three issues arose on the appeal: i) Did the EAW comply with s.2 of the Extradition Act 2003 (the 2003 Act)? ii) Was there an abuse of process? iii) Would extradition to … Continue reading Arranz v Spanish Judicial Authority: Admn 14 Jun 2013
Judges: Mr Justice Richards Citations: [2005] EWHC 1874 (Admin) Links: Bailii Statutes: Extradition Act 2003 2 7 8 Jurisdiction: England and Wales Extradition Updated: 22 May 2022; Ref: scu.229751
The claimant challenged his extradition saying that the arrest warrant had not explicitly alleged, as required, that he was ‘unlawfully at large’. Held: The statement could be inferred where the circumstances properly allowed that. Judges: Richards LJ, Toulson J Citations: Times 12-Jun-2006 Statutes: Extradition Act 2003 2(5) Jurisdiction: England and Wales Citing: Cited – Office … Continue reading Kuprevicius v Government of Lithuania: QBD 18 May 2006
Citations: [2005] EWHC 1078 (Admin) Links: Bailii Statutes: Extradition Act 2003 103 Jurisdiction: England and Wales Extradition Updated: 11 May 2022; Ref: scu.226276
Citations: [2006] EWHC 462 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 07 May 2022; Ref: scu.239256
The defendant appealed against an order for his extradition saying that the proposed criminal proceedings would be an abuse of process and that the evidence against him had been obtained by torture and threats of violence. Held: There did remain a residual right to decline an extradition request for abuse of process, but that did … Continue reading Symeou v Public Prosecutor – Patras, Greece: Admn 1 May 2009
Judges: Mr Justice Richards Mr Justice Toulson Citations: [2006] EWHC 1333 (Admin) Statutes: Extradition Act 2003 26 Extradition Updated: 04 May 2022; Ref: scu.244391
Citations: [2006] EWHC 760 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Cited by: Cited – Von Der Pahlen v Government of Austria Admn 27-Jun-2006 The defendant resisted extradition to Austria saying that the warrant was defective. The claimant said that generalised charges were sufficient. Held: ‘The language of section 2(4)(c) … Continue reading Vey v The Office of the Public Prosecutor of the County Court of Montlucon, France: Admn 7 Apr 2006
Judges: Mr Justice Collins Citations: [2014] EWHC 4157 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 26 April 2022; Ref: scu.542552
Citations: [2018] EWHC 2021 (Admin), [2018] WLR(D) 495 Links: Bailii, WLRD Statutes: Extradition Act 2003 70 Jurisdiction: England and Wales Extradition Updated: 25 April 2022; Ref: scu.620661
Claim for a declaration as to the meaning and effect of section 152 of the Extradition Act 2003 Judges: Lord Justice Lewis Mr Justice Bennathan Citations: [2022] EWHC 849 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 23 April 2022; Ref: scu.675700
Citations: [2021] EWHC 3345 (Admin), [2022] 1 WLR 1615 Links: Bailii Statutes: Extradition Act 2003 20(5) Jurisdiction: England and Wales Extradition Updated: 08 April 2022; Ref: scu.670383
Judges: Mr Justice Collins Citations: [2014] EWHC 4156 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 04 April 2022; Ref: scu.542542
Judges: Lord Justice Richards Mr Justice Owen Citations: [2009] EWHC 838 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 02 April 2022; Ref: scu.341853
Judges: Burnett LJ, Ouseley J Citations: [2017] EWHC 1978 (Admin), [2017] WLR(D) 539, [2017] 4 WLR 137 Links: Bailii, WLRD Statutes: Extradition Act 2003 21 Jurisdiction: England and Wales Extradition Updated: 29 March 2022; Ref: scu.593614
The single issue raised on this appeal is that the judge below should have concluded that, if extradited, the Appellant would face a real risk of a violation to his right under Article 3 of the European Convention on Human Rights (the Convention) not to be subjected to inhuman or degrading treatment owing to the … Continue reading Sula v Public Prosecutor of The Thessaloniki Court of Appeal, Greece: Admn 7 Feb 2022
Judges: Mr Justice Swift Citations: [2022] EWHC 142 (Admin) Links: Bailii Statutes: Extradition Act 2003 99(4) Jurisdiction: England and Wales Extradition Updated: 28 March 2022; Ref: scu.671621
Judges: Mrs Justice Cox DBE Citations: [2014] EWHC 2509 (Admin) Links: Bailii Statutes: Extradition Act 2003 26(1) Jurisdiction: England and Wales Extradition Updated: 27 March 2022; Ref: scu.535407
the issue was whether the conduct relied upon as justifying extradition to Poland would constitute a breach of UK law. The allegation was possession of a gas gun without the required licence. The relevant UK offence was said to be a breach of section 5(1)(b) of the 1968 Act. The expert said there was nothing … Continue reading Turek v Regional Court In Gliwice Poland: Admn 2011
Judges: Mr Justice Julian Knowles Citations: [2022] EWHC 69 (Admin) Links: Bailii Statutes: Extradition Act 2003 26 Jurisdiction: England and Wales Extradition Updated: 23 March 2022; Ref: scu.671312
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended in the light of the case of ZH. Held: HH and PH’s appeals … Continue reading HH v Deputy Prosecutor of The Italian Republic, Genoa: SC 20 Jun 2012
Whether or not the High Court has jurisdiction to extend the time in which a non-British citizen who is subject to an extradition order of a District Judge under Part 1 of the Extradition Act 2003 (‘the EA’) can make an appeal, notwithstanding a failure to comply with the strict time limits imposed by section … Continue reading Agardi v Penitentiary Judge of The Metropolitan Court, Budapest, Hungary: Admn 30 Oct 2014
The court considered the statutory test to be applied on a request for an extension of the day time limit for appealing from an order for extradition. Held: The correct interpretation of section 26(5) permitted no distinction between the conduct of the person and the conduct of their legal representative, so that the legal representative’s … Continue reading Szegfu v Court of Pecs Hungary: Admn 24 Jun 2015
Judges: Morgan LCJ, Gillen LJ and Burgess J Citations: [2017] NIQB 77 Links: Statutes: Extradition Act 2003 26(5) Jurisdiction: Northern Ireland Citing: Cited – Szegfu v Court of Pecs Hungary Admn 24-Jun-2015 The court considered the statutory test to be applied on a request for an extension of the day time limit for appealing from … Continue reading O’Connor v Greece: QBNI 15 Aug 2017
(Northern Ireland) The extraditee’s solicitor had failed to serve a notice of appeal on the prosecutor within the time limit. The question was whether the solicitor’s failure was to be attributed to the client. Held: The prosecutor’s appeal failed. The reference to the extraditee as a person occurred twice within the section, and the context … Continue reading Public Prosecutors Office of The Athens Court of Appeal v O’Connor: SC 2 Feb 2022
Aikens LJ, Edis J [2015] EWHC 149 (Admin) Bailii Extradition Act 2003 England and Wales Extradition Updated: 22 January 2022; Ref: scu.542214
The court considered whether it had jurisdiction to apply the Rules to extend time to appeal against discharge of an extradition request. The notice of appeal was not filed (or served) within seven days. Held: Latham LJ said: ‘I acknowledge the force of this argument. But it begs the question as to what power the … Continue reading Vilnius City, the District Court of v Barcys: Admn 22 Mar 2007
Mr Justice Chamberlain [2022] EWHC 13 (Admin) Bailii Extradition Act 2003 103 England and Wales Extradition Updated: 21 January 2022; Ref: scu.670949
Burnett LJ, Mitting J [2016] EWHC 1489 (Admin) Bailii Extradition Act 2003 Extradition Updated: 19 January 2022; Ref: scu.566821
The appellants challenged the effectiveness of European Arrest Warrants, saying that the requests were deficient in not providing adequate details of warrants issued in support of the decisions. They had been convicted and sentenced to terms of imprisonment which were at first condition, but were now to be served. The appellants contende dthat the European … Continue reading Goluchowski and SAS v District Court and Circuit Court In Poland: SC 29 Jun 2016
[2011] EWHC 1598 (Admin) Bailii England and Wales Cited by: Cited – Bucnys v Ministry of Justice SC 20-Nov-2013 The Court considered requests made by European Arrest Warrants for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of … Continue reading Harmatos v King’s Prosecutor In Dendermond, Belgium: Admn 24 May 2011
