Case Summaries Up To May 2010
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By Law Brief Publishing on 20/05/2010 19:31
The appellant (B) appealed against a decision of a district judge ordering his extradition to the requesting state, Latvia on the basis that his extradition would be incompatible with his rights under the ECHR art.3. Due to a lack of court time on the day, the judge invited closing submissions in writing however when the judge delivered his judgment rejecting B's art.3 claim, it emerged that he had not been supplied with B's written submissions. The judge considered re-opening the proceedings an ...
By Law Brief Publishing on 20/05/2010 19:30
The appellant (K) appealed against a decision of a district judge ordering his extradition to the respondent requesting state, Lithuania in respect of 22 offences of people trafficking, earning from the prostitution of another person and engaging another person in prostitution. The European arrest warrant contained a description of the circumstances in which the offences were committed in respect of eight women and in each case it was alleged that K, acting in an organized group. K submitted tha ...
By Euan A. Dow on 06/05/2010 18:47
Appeal under section 26 of the Extradition Act 2003:- The appellant was arrested in Scotland on 17 November 2009 on two warrants issued by a court in Bialystok, Poland in which it requested the surrender of the appellant to serve sentences of imprisonment for charges of theft and assault and robbery. On 16 December 2009 the sheriff at Edinburgh ordered the appellant's extradition to Poland in terms of section 21(3) of the Extradition Act 2003. The appellant relied on the decision of the European ...
By Euan A. Dow on 06/05/2010 18:45
Appeal under section 26 of the Extradition Act 2003:- The appellant was arrested in Scotland on 5 August 2009 on a warrant issued by a court in Bialystok, Poland in which it requested the surrender of the appellant to serve sentences of imprisonment on charges of theft and assault and robbery. On 9 December 2009 the sheriff at Edinburgh ordered the appellant's extradition to Poland in terms of section 21(3) of the Extradition Act 2003. The appellant relied on the decision of the European Court o ...
By Law Brief Publishing on 05/05/2010 16:23
The Appellant (CR) appealed against the District Judge?s decision to discharge the requested person (J) on the basis that the European Arrest Warrant (the warrant) had been incorrectly issued as an accusation warrant rather than a conviction warrant. The CZ further contended that the District Judge?s decision to refuse the CZ an adjournment to make enquiries as to whether the warrant was in fact an accusation warrant, was erroneous. J had absconded from trial, a warrant was issued and the trial ...
By Euan A. Dow on 21/04/2010 15:53
On 21 November 2007 the appellant was convicted in absence of four offences and sentenced to a period of imprisonment. A European Arrest Warrant (E.A.W.) was issued in relation to those offences. Here the appellant appealed against a decision of the sheriff at Edinburgh who ordered the appellant’s extradition to Romania in terms of the E.A.W. The appellant appealed on two grounds:- (1) in relation to the rule of double criminality; and (2) in relation to establishing whether a person ...
By Stephen Moore on 24/03/2010 17:05
The appellant (N) appealed against a decision of the Administrative Court upholding an order for his extradition to the United States. The court was required to determine whether: (i) it could properly require a person resisting extradition on art.8 grounds to demonstrate exceptional circumstances; (ii) the gravity of the crime in respect of which extradition was sought was a relevant factor; (iii) the interference with family life had to be considered only from the point of view of the person w ...
By Stephen Moore on 24/03/2010 17:03
The appellant Hungarian national (B) appealed against a decision of the district judge ordering his extradition. B's extradition had been sought pursuant to a European arrest warrant accusing him of having committed various offences against minors in Hungary. Wording on the front page of the warrant relating to whether the warrant concerned an "accusation" or a "conviction" were not deleted and B appealed on the basis the warrant was s2 deficient. HELD: Considering the warrant as a whole it was ...
By Stephen Moore on 04/03/2010 17:01
The United States Government is seeking the extradition of the appellant, Mr Norris, so he may be tried on an indictment charging him with obstruction of justice. He had originally faced a further charge of price fixing. The House of Lords ruled in 2008 ([2008] UKHL 16) that the conduct alleged in relation to the price fixing charge was not capable of amounting to an extradition offence as it was not a crime under English law when it was committed. His case was then sent back to the district jud ...
By Law Brief Publishing on 24/02/2010 22:18
The Appellant (D) appealed against an order for his extradition to Spain on the basis of passage of time (section 14). Spain sought D's extradition in respect of three charges of rape of a minor. D had been arrested in 1993 in Spain in respect of the alleged offences. Sometime later, D was charged and granted bail subject to a condition that he had to report to a Spanish court every fortnight. In 1995 the bail was varied so that D was allowed to visit the United Kingdom for two weeks with the ba ...
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