Schtraks v Government Of Israel And Others: HL 6 Sep 1962

Extradition — Habeas corpus — Nature of proceedings — Whether further evidence not before chief magistrate when making committal order admissible — Extradition Act, 1870 (33 and 34 Vict. c. 52), s. 3 (1).
Extradition — Political offence — Political character of offence connotes idea of asylum in England for political fugitive — Fugitive must be at odds with state seeking extradition on issue connected with political control of state — Extradition Act, 1870 (33 and 34 Vict. c. 52), s. 3 (1).
Extradition — Territory — Alleged crime committed in part of Jerusalem occupied by Israel — De facto, but not de jure, authority of State of Israel over that part of Jerusalem recognised by United Kingdom government — Whether extradition treaty of 1960 applied to that part of Jerusalem — Israel (Extradition) Order, 1960 (S.I. 1960 No. 1660).

Judges:

Lord Reid, Viscount Radcliffe, Lord Evershed, Lord Jenkins and Lord Hodson

Citations:

[1964] AC 556, [1962] 3 All ER 529, [1962] UKHL 4, [1962] 3 WLR 1013

Links:

Bailii

Statutes:

Extradition Act 1870 3(1)

Jurisdiction:

England and Wales

Cited by:

CitedVB and Others v Westminster Magistrates SC 5-Nov-2014
Extraditions to follow normal open justice rules
Application was made by Rwanda for the extradition of four individuals to face crimes said to have been committed during their civil war. Witnesses were prepared to give evidence but only in private and not being seen by the representatives of . .
Lists of cited by and citing cases may be incomplete.

Extradition

Updated: 11 June 2022; Ref: scu.554430