The defendant to extradition proceedings had breached her bail by going on holiday. She had been arrested and sent to the extraditing country which had in turn withdrawn the extradition request to the UK.
Held: The surety could not be forfeited under the section merely for the breach of the bail condition by a defendant. The test was whether she turned up at court. The whole purpose of the machinery of those provisions was to ensure that the accused was returned to the requesting state. That purpose had been achieved. The words ‘or if the fugitive is directed to surrender to this or any other court in relation to these proceedings’ should be added to the wording of standard recognisance orders in extradition committal proceedings.
Judges:
Lord Woolf, Lord Chief Justice and Mr Justice Ouseley
Citations:
Times 17-Jan-2002
Statutes:
Magistrates Courts Act 1980 120, Extradition Act 1989 9(8)
Jurisdiction:
England and Wales
Criminal Practice
Updated: 16 May 2022; Ref: scu.167397
