Appeal under section 26 of the Extradition Act 2003:- This was an appeal against an extradition order by the sheriff at Edinburgh on 11 January 2010 which required the extradition of the appellant to Germany under section 21 of the Extradition Act 2003. The request for the return of the appellant by the the German authorities was for the return of the appellant as they wished to have him returned to their jurisdiction to place him on trial for a crime of assault to the danger of life o ...
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K appealed against a decision of the district judge ordering his extradition to the requesting state, Lithuania. K had been arrested under a European arrest warrant seeking his return to Lithuania to serve a term of imprisonment. K submitted that, in the light of a report recently obtained from the United States State Department, to the effect that prison conditions in Lithuania fell below international standards, he was at risk of having his art.3 rights breached, and should therefore be discha ...
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C appealed against a decision that he should be extradited to the respondent requesting state, Poland, in respect of offences including an alleged theft. C had failed to attend trial in relation to the alleged theft as at the time he was in custody for a different offence. He was tried in his absence. C had not received a summons in respect of the trial as it had been sent to his home address. A district judge found that he was satisfied that C had been aware of a duty to notify authorities of a ...
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D was an Angolan national who had entered the United Kingdom in 1995 and claimed asylum. Following a number of decisions rejecting his claim, which were subsequently withdrawn by the Home Secretary, his refugee status was still outstanding. In 2009, three European arrest warrants were issued for D. His surrender was sought by the Portuguese judicial authorities in respect of charges of armed robbery. D contended that where a person had applied for asylum, he was not to be extradited, since the E ...
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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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