The Appellant (K) appealed against the decision of the District Judge to order the Appellant to await the decision of the Secretary of State concerning his extradition. The Appellant appealed on six grounds: (i) the UK courts should stay an extradition that is predicated on the misconduct of foreign police officers acting in the UK in breach of Article 6; (ii) the District Judge was wrong to conclude that the alleged abuse of process gave rise to a jurisdiction which is residual in nature and wh ...
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The Appellant (D) appealed against the decision of the District Judge to order the Appellant to await the decision of the Secretary of State concerning his extradition. The Appellant appealed on two grounds: (i) whether the particulars of the offences were sufficiently specified and (ii) whether there was a real risk of a flagrant denial of justice in breach of Article 6 if the appellant was extradited. HELD: The request did not satisfy the requirements of particularity in accordance with the pr ...
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The Appellant (S) appealed against the decision of the District Judge to order extradition on the basis that he had self-harmed and was at risk of committing suicide if extradited to Italy. The District Judge had held that the risk of suicide was unlikely to prevent extradition save in exceptional cases. HELD: Appeal dismissed. Pursuant to section 25 of the Act, the Court was required to form an overall judgment on the facts of each case. A high threshold had to be reached in order to satisfy th ...
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Appeal under section 26 of the Extradition Act 2003:- On 29 January 2010 the sheriff at Edinburgh ordered the extradition of the appellant to Poland in terms of section 21(3) of the Extradition Act 2003. On 18 November 2008 a judge at the District Court at Kielsa, Poland issued a European Arrest Warrant in relation to sentences of imprisonment imposed on the appellant and related to seven offences. On 4 March 2010 the appellant appealed in terms of section 26(1) of the E ...
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Appeal under section 26 of the Extradition Act 2003:- On 26 February 2010 the sheriff at Edinburgh ordered the extradition of the appellant to Poland in terms of section 21(3) of the Extradition Act 2003 and refused a devolution minute tendered on the appellant's behalf. On 4 November 2008 the District Court of Legnica, Poland, issued a European Arrest Warrant in relation to sentences of imprisonment imposed on the appellant and related to offences of inter alia housebreaking, the ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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