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 light of the additional evidence then available, but had come to the same conclusion.
Held: The review now sought was against a decision after a remission by the High Court and was to be treated as one of the High Court itself procedurally. A right of appeal lay still to the House of Lords, but not otherwise.
Judges:
Maurice Kay LJ, Penry-Davey J
Citations:
Times 23-Nov-2005, [2005] EWHC 2925 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Extradition, Litigation Practice
Updated: 25 May 2022; Ref: scu.235388
