Mr Caldarelli challenges a decision of the Queen’s Bench Divisional Court upholding an order that he be surrendered pursuant to a European arrest warrant (EAW) issued by the Court of Naples. He complains that the warrant is bad because it seeks his surrender as an accused person and not (as he claims to be) a convicted person. The certified question is: “Where a fugitive has been convicted and sentenced in his absence in the requesting state, but the conviction and sentence are neit ...
|
The appellant is a 42 year old British citizen. In October 2004 the US government requested his extradition to the US alleging that between February 2001 and March 2002 he had gained unauthorised access to 97 US Government computers from his home computer in London. In May 2006, District Judge Evans sent the appellant’s case to the Secretary of State to decide whether the appellant should be extradited and in July 2006 the Secretary of State ordered the appellant’s extr ...
|
The appellant, whose extradition was sought by the respondent state, argued that the disparity between the sentence proposed under plea-bargaining and that which he would receive on conviction was disproportionate, subjected him to impermissible pressure to surrender his legal rights and as such amounted to an abuse of process. HELD: Whilst the disparity between the sentences indicated was very marked, in one sense all discounts for pleas of guilty could be said to subject the defendant to press ...
|
The appellant appealed the findings of the Courts below that the warrant seeking his return might properly be characterised as an ‘accusation warrant’ for the purposes of the Extradition Act 2003, despite his having been ‘convicted’. HEL:D: Providing as they did for international co-operation between states with different procedural regimes, the Framework Decision and the 2003 Act could not be interpreted on the assumption that procedures which obtained findings of guilt ...
|
| 1 |