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Extradition

Some of the primary legislation

Police and Justice Act 2006
Extradition Act 2003
Extradition Act 1989

Some of our recent notable cases

Ragul & Nadarajah v Azerbaijan (2012) (no link available)
Court held that appellants should be granted extension to file and serve notices of appeal out of time where lateness solely due to miscalculation of statutory time limits by solicitor.
[2012] EWHC 2589 (Admin)
Rajiv Menon QC

Mirko Zdinjak v Croatia (2012) (no link available)
Successfully challenge to a District Judge’s decision to extradite an individual in relation to war crimes allegedly committed during the Balkan War. Although the original conviction and sentence had been suspended by virtue of an amnesty in 1998 the Divisional Court concluded that a double jeopardy bar to extradition was made out. The Appellant was discharged.
Divisional Court 3/4/2012
Rajiv Menon QC & Rebecca Hill

Lucy Wright v Commissioner of the Metropolitan Police (1) Director of Public Prosecutions (2) & Argentina & SSHD (2012)
Successful appeal of a pregnant woman facing extradition to Argentina. The appeal in the Administrative Court was allowed on the grounds that prison conditions in Argentina could lead to a breech of Art 3 rights, which prevent inhumane or degrading treatment.
[2012] EWHC 669 (QB) 20/3/2012
Rebecca Hill

Mucelli v Secretary of State for the Home Department & others (2012)
Extradition judicial review concerning an Albanian national.
[2012] EWHC 95 (Admin) 27/1/2012
Henry Blaxland QC

Bulla v Albania (2010) (no link)
Case concerned conviction made in absentia against an Albanian national and whether he could be extradited where a retrial on his return was not guaranteed.
[2010] EWHC (Admin) 7/12/2010
Rajiv Menon QC

Daly v Governor HM Brixton Prison & Anor (2003) (no link)
Re. habeas corpus, extradition and delay.
[2003] EWHC 1838 Admin
Maya Sikand

R v Bow St Magistrate ex p. Pinochet (1999)
[1999] UKHL 17 24/3/99. Reported at (1999) 2 All ER 97
Owen Davies QC

Useful links

Step-by-Step Guide to the Extradition Act 2003 (Garden Court Chambers)
Extradition Procedures in the UK
Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedure between Member States.
Extradition Treaty between the US and UK 2003
European Convention on Extradition 1957
Foreign & Commonwealth Office UK embassies overseas

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