Warren, Regina (on the Application Of) v Secretary of State for the Home Department and Another: Admn 14 Mar 2003

Hale LJ said that it would not generally be unjust to send someone back to a country face a fair process to determine whether or not he is fit to face trial adding: ‘I accept that it may be wrong or oppressive to do so if the inevitable result will be that he will be found unfit. But even in those circumstances there may be countervailing considerations. For example, if there is the counterpart of our process in the other country, where a person may be found to have committed an act which would otherwise have been a serious crime, particularly if it were to be a crime of violence involving risk to the public, and if it would then be appropriate to detain the person for medical treatment, it would be in the public interest to enable that process to take place.’


Hale LJ


[2003] EWHC 1177 (Admin)




Extradition Act 1989


England and Wales

Cited by:

CitedBary and Another, Regina (on the Application of) v Secretary of State for the Home Department Admn 7-Aug-2009
The defendants resisted extradition to the US to face charges of conspiracy to murder US citizens, saying that as suspected terrorists the likely prison conditions in which they would be held would amount to inhuman or degrading treatment or . .
Lists of cited by and citing cases may be incomplete.


Updated: 15 July 2022; Ref: scu.185595