The process of extradition is not one itself involving the imposition of a criminal penalty, and therefore such proceedings were outside the ambit of the convention. The prisoner sought to challenge an extradition requested from South Africa, claiming an element of retrospectivity. The fact that at the time the offence was committed there was no extradition treaty wih South Africa did not create the situation where a heavier penalty was sought to be imposed than the penalty applicable at the time the criminal offence was committed.
Judges:
Lord Justice Kennedy and Mr Justice Pitchford
Citations:
Times 18-Dec-2001, Gazette 06-Feb-2002
Statutes:
European Convention on Human Rights art 5.1, Extradition Act 1989 9
Jurisdiction:
England and Wales
Extradition, Human Rights
Updated: 05 May 2022; Ref: scu.167110
