The Court faced 3 appeals against extradition which raised issues as to the availability of the bar to extradition on the grounds of passage of time under section 14 of the 2003 Act in circumstances where a requested person had left the requesting state whilst subject to a suspended sentence of imprisonment which was activated thereafter in his absence.
Held: In such circumstances the human rights examination under section 21 would provide a safety net which would permit the effect of passage of time to be brought into account.
Lloyd Jones LJ and Holroyde J
[2016] EWHC 386 (Admin), [2016] 1 WLR 3750
Bailii
Extradition Act 2003 14, European Convention on Human Rights
England and Wales
Cited by:
Cited – Konecny v District Court In Brno-Venkov, Czech Republic SC 27-Feb-2019
K had been convicted and sentenced in his absence. His extradition was requested under an EAW which asserted that it was based upon an enforceable judgment, but that he had an unqualified right to be retried. He argued that the delay (since 2004 for . .
Lists of cited by and citing cases may be incomplete.
Extradition, Human Rights
Updated: 11 January 2022; Ref: scu.560734