Regina v Brixton Prison and Another, Ex Parte Burke: HL 16 Jun 2000

It was proper to extradite to the US, a person who had been convicted and had served all the part of his sentence which he would serve in prison, but where some proportion of his sentence which would be served under a supervised release scheme remained to be served. There was no limitation to returning only after unlawful escapes from custody, but rather the provision set a minimum. The period of supervision was part of the original sentence.

Citations:

Times 16-Jun-2000, [2000] UKHL 35; 3 All ER 481; [2000] 3 WLR 33

Links:

House of Lords, House of Lords, Bailii

Statutes:

Extradition Act 1989 Sch 1 para 5(1)(b)

Jurisdiction:

England and Wales

Criminal Sentencing, Extradition

Updated: 19 May 2022; Ref: scu.85149