The applicant, the former president of Chile, sought to challenge an order allowing an application for his extradition to proceed. He said that once the matters deemed inadmissible had been excluded, there was insufficicient ground to allow the proceedings to continue.
Held: The court need not address the merits of the final application. There remained issues which should be determined by the court after a full hearing.
Judges:
Ognall J
Citations:
[1999] EWHC Admin 505
Links:
Statutes:
Citing:
Cited – Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3) HL 24-Mar-1999
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. . .
Cited – Regina v Inland Revenue Commissioners, ex parte the National Federation of Self-Employed and Small Businesses Ltd HL 9-Apr-1981
Limitations on HMRC discretion on investigation
The Commissioners had been concerned at tax evasion of up to 1 million pounds a year by casual workers employed in Fleet Street. They agreed with the employers and unions to collect tax in the future, but that they would not pursue those who had . .
Cited – Regina v Governor of Brixton Prison, ex parte Kahan QBD 1989
The court deplored any use of an application to a Divisional Court ahead of a final determination by the committing magistrate. . .
Cited – Government of United States of America v Bowe HL 1990
The House referred to the desirability of all the evidence being adduced before the magistrate before any application for a prerogative remedy was sought. . .
Cited – Regina v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2) HL 15-Jan-1999
A petition was brought to request that a judgment of the House be set aside because the wife of one their lordships, Lord Hoffmann, was as an unpaid director of a subsidiary of Amnesty International which had in turn been involved in a campaign . .
See Also – In Re Pinochet Ugarte QBD 7-Jan-2000
In extradition proceedings which had been before the House of Lords it might be right for the papers to be served on interested third parties and human rights organisations. At that level, the matter discussed were primarily legal. However when the . .
Cited by:
See Also – In Re Pinochet Ugarte QBD 7-Jan-2000
In extradition proceedings which had been before the House of Lords it might be right for the papers to be served on interested third parties and human rights organisations. At that level, the matter discussed were primarily legal. However when the . .
Lists of cited by and citing cases may be incomplete.
Extradition, Crime
Updated: 28 May 2022; Ref: scu.139769