The Court was asked to grant Habeas Corpus on the ground that the European Arrest Warrant received in respect of the defendant was ‘fundamentally deficient’. At the initial hearing, the district judge had remanded the applicant in custody to await the commencement of the extradition hearing.
Held: In the absence of a statutory appeal against that decision, there was jurisdiction to grant a writ of Habeas Corpus. The warrant was deficient and all steps taken pursuant to it were invalid. The court granted Habeas Corpus.
Citations:
[2004] EWHC 2986
Jurisdiction:
England and Wales
Citing:
See Also – In re Agnaldo Ernesto Pinto and In the Matter of an Application for a Writ of Habeas Corpus Ad Subjiciendum Agnaldo Ernesto Pinto and Secretary of State for Home Department; Governor of Brixton Prison and Government of India Admn 19-May-1999
. .
Cited by:
Cited – Hilali v Governor of HMP Whitemoor and others Admn 25-Apr-2007
The claimant had been in prison pending removal after his resistance to a European Extradition Warrant had failed. Subsequent developments in the case against him in Spain suggested that the case against him might now fail. He sought a writ of . .
Lists of cited by and citing cases may be incomplete.
Extradition, Litigation Practice
Updated: 07 May 2022; Ref: scu.258639
