Regina v Governor of Brixton Prison and Another Ex Parte Evans: HL 22 Jul 1994

A defendant in extradition proceedings may not bring his own evidence. He can make representations only. ‘There are thus six steps in the extradition of a suspect from the United Kingdom. First, the foreign court must consider that a charge of serious crime has been properly laid against the suspect on the basis of information which justifies the issue of a warrant for his arrest. Secondly the administration of the foreign country must consider that the charge, the law of the foreign country and the circumstances justify a request for extradition in accordance with the provisions of the Convention. Thirdly, the foreign state must identify the suspect, authenticate the foreign warrant for his arrest, give particulars of the alleged conduct which constitutes the offence and produce a translation of the relevant foreign law which establishes the offence and makes it punishable by 12 months’ imprisonment or more. Fourthly, the Secretary of State must satisfy himself that the request is in order. The Secretary of State must then satisfy himself that the equivalent conduct in the United Kingdom would constitute an offence under the law of the United Kingdom punishable by 12 months’ imprisonment or more. The Secretary of State may then issue an authority to proceed and must identify and specify the relevant law of the United Kingdom. Fifthly, the metropolitan magistrate sitting as a court of committal must be satisfied, after he has heard representations, that the alleged conduct would constitute a serious offence in the foreign state and in the United Kingdom. In other words the magistrate must be satisfied that a charge of serious crime offensive in the foreign country and offensive in the United Kingdom has been properly laid against the accused. The suspect can then be committed and the magistrate must certify the offence against the law of the United Kingdom which would be constituted by his conduct. Sixthly, subject to any habeas corpus proceedings, the Secretary of State may enforce extradition.’

Judges:

Lord Templeman

Citations:

Times 22-Jul-1994, Independent 16-Aug-1994, [1994] 1 WLR 1006

Statutes:

Extradition Act 1989 7 9(8)

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Governor of Brixton Prison and Another, Ex Parte Evans QBD 10-Dec-1993
Justices may not hear evidence from Defendant in extradition case. . .

Cited by:

Appealed toRegina v Governor of Brixton Prison and Another, Ex Parte Evans QBD 10-Dec-1993
Justices may not hear evidence from Defendant in extradition case. . .
CitedA v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Extradition

Updated: 05 May 2022; Ref: scu.86724