The claimant sought a writ of habeas corpus. The Commissioners of Customs and Excise had requested the arrest of the claimant in the US pending extradition. It was not realised that the offence alleged was not sufficient to found extradition. The claimant volunteered repatriation. On his arrival back in the UK, he claimed that because he had been extradited, no further charges could be laid against him, and he was entitled to damages for the wrongful request for the issue of the warrant.
Held: He had not been extradited, but had returned voluntarily. No formal extradition request had ever been issued. Had one been prepared, the mistake would have been seen. The prosecution was not limited to the extradition charges. The case of Bennett could not be extended, and there was no particular misbehaviour on the part of the prosecution to create an abuse.
Judges:
Lord Justice Kennedy, and Mrs Justice Hallett
Citations:
2002] EWHC 39 (Admin)
Links:
Statutes:
Extradition Act 1989 1(3), United States of America (Extradition) Order 1976 (1976 No 2144)
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Secretary of State for Home Department ex parte Malcolm Keith Johnson Admn 25-Jan-1999
. .
Cited – Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
Lists of cited by and citing cases may be incomplete.
Extradition
Updated: 27 October 2022; Ref: scu.167464
