In an appeal against an order for extradition, the service of a draft Notice of Appeal followed by the filing of the Notice of Appeal itself is not capable of complying with the requirement that Notice of Appeal be given within the permitted period.
Judges:
Stanley Burnton LJ, Nicol J
Citations:
[2010] EWHC 2149 (Admin), [2012] 1 WLR 363
Links:
Statutes:
Cited by:
Cited – Halligen v Secretary of State for The Home Department Admn 21-Jun-2011
The Home Secretary argued that the defendant’s attempted appeal against an extradition order was out of time and that accordingly the court had no jurisdiction to hear an appeal. Notice of service of the appeal was one day out of time.
Held: . .
Cited – Kane, Regina (on The Application of) v Trial Court No 5 Marbella, Spain Admn 17-Mar-2011
The extradition court objected to the defendant’s appeal against extradition on the basis that it was not filed within time.
Held: Section 26(4) of the 2003 Act does not require that service of the Notice of Appeal on the Respondent must post . .
Applied – Bergman, Regina (on The Application of) v District Court In Kladno Czech Republic Admn 28-Jan-2011
The unrepresented defendant, in custody, prepared his notice of appeal against an extradition order, and it was then faxed for him in draft form to the judicial authority and filed, all within the 7 day period, but no stamped copy was served, or . .
Cited – Lukaszewski v The District Court In Torun, Poland SC 23-May-2012
Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal . .
Lists of cited by and citing cases may be incomplete.
Extradition
Updated: 22 August 2022; Ref: scu.421514
