The defendant a serving prisoner sought an adjournment of his extradition to a time closer to the end of the sentence he was to serve in England.
Held: The court had sympathy with the argument that where the district judge is being invited to express his satisfaction over matters under section 11 and section 21 in respect of the ultimate extradition of a person which cannot take place for in excess of three years, then it is simply irrational for him to consider that he could properly do so at that distance in time. The matter was remitted with an order for the district judge to consider the question of extradition at te approriate time.
Judges:
Lord Phillips CJ, Wilkie J
Citations:
[2006] EWHC 2256 (Admin), [2007] 1 WLR 1157
Links:
Statutes:
Citing:
See Also – United States of America, Regina (on the Application of) v Senior District Judge, Bow Street Magistrates Court, and Tollman and another Admn 12-Jun-2006
The USA appealed against an order made in extradition proceedings. The defendants sought the supply of further papers by the prosecutor which might support their claim for abuse of process. The USA replied that the documents were protected by either . .
Cited – Nikonovs v HM Prison Brixton and Republic of Latvia Admn 2-Nov-2005
The defendant argued that a failure to observe procedures under the Act resulted in his detention being unlawful and therefore susceptible to judicial review. He had not been brought before the appropriate court as soon as practicable after his . .
Cited by:
Cited – Norris v United States of America and others HL 12-Mar-2008
The detainee appealed an order for extradition to the USA, saying that the offence (price-fixing) was not one known to English common law. The USA sought his extradition under the provisions of the Sherman Act.
Held: It was not, and it would . .
Cited – McKinnon v The United States of America and Anotherr HL 30-Jul-2008
The appellant sought to avoid extradition to the US. He had hacked into 97 US government computers. He argued that the punishment he might expect in the US was completely disproportionate to the offence, and that he had been misled into entering . .
Cited – Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court and Another CA 25-Oct-2011
The claimant newspaper sought to appeal against a refusal by the respondent to disclose papers filed in a case before it. The court considered whether it had jurisdiction to hear an appeal.
Held: Under the 1981 Act no appeal would lie if the . .
See Also – Government of the United States of America v Tollman and Another Admn 7-Feb-2008
. .
Cited – VB 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: 07 July 2022; Ref: scu.244862