Appeal under section 26(1) of the Extradition Act 2003:- On 16 March 2007 the Sheriff at Edinburgh made an order that the appellant should be extradited to France after he was sentenced to nine years imprisonment, in his absence, in 2002, in France, for involvement in the transport, importation and possession of drugs and banned merchandise. The Sheriff pronounced his order under section 21 of the 2003 Act at the conclusion of an extradition hearing upon a European arrest warrant presented by th ...
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An EAW was invalid so far as it related to an offence of drug trafficking as it had failed to specify any conduct capable of amounting to that offence which had occurred within the requesting state. The remainder of the warrant that pertained to an offence of engaging in a criminal conspiracy with the purpose of committing drug trafficking was valid. Appeal allowed in part.
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Petition to the nobile officium of the High Court
The petitioner applied to the nobile officium of the court after his appeals against extradition had been dismissed earlier this year. The jurisdiction of it involves the exercise of the court's discretion to provide a remedy where none would otherwise be available, in circumstances where the interests of justice clearly require it. Here the petitioner requested the court to hold, in the exercise of the nobile officium, that:- "(a) that the petitioner's status having changed from being a person ...
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Appeal against extradition:-The court here heard a
and (2) the decision of Sheriff Maciver dated 21 December 2005 in which he ordered the appellant's extradition. In both appeals the appellant lodged a devolution minute on the ground that the exclusion of a right of appeal from the court to the House of Lords was a violation of his rights under articles 5, 6 and 8, when read with article 14, of the European Convention on Human Rights. It was further submitted that the 2003 Act did not apply at all to conduct occurring before the date on which it ...
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