The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation of illegal immigration, fell within the European framework list, but section 65(2)(a) was not satisfied.
Held: ‘the conduct’ in section 65 means the conduct complained of or relied on in the warrant, and since some of the conduct complained of or relied on in the warrant occurred in the United Kingdom, the condition in subsection (2)(a) is not satisfied and subsection (2) is accordingly inapplicable. However 65(3) should not be read to require that all the conduct complained of had to take place in the territory, and nor did that subsection disallow extradtion where acts had taken place in the UK. The 2003 Act may be properly descibed not as extradition but as a system for enforcing warrants.
Lord Hope of Craighead: ‘The system has, of course, been designed to protect rights. Trust in its ability to provide that protection will be earned by a careful observance of the procedures that have been laid down …
But the liberty of the subject is at stake here, and generosity must be balanced against the rights of the persons who are sought to be removed under these procedures. They are entitled to expect the courts to see that the procedures are adhered to according to the requirements laid down in the statute.’
Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Scott of Foscote, Baroness Hale of Richmond, Lord Carswell
[2005] UKHL 67, [2006] 1 All ER 647, [2005] 3 WLR 1079, Times 18-Nov-2005, [2006] 2 AC 1
Bailii, House of Lords
Council Framework Decision on a European arrest warrant: COM/2001/0522 final – CNS 2001/0215, Extradition Act 2003 65(2)(a)
England and Wales
Citing:
Appeal from – King’s Prosecutor, Brussels v Cando Armas and Another Admn 20-Aug-2004
The prisoner had argued that the alleged offence underlying the application for his extradition to Belgium had been committed in part in England, and was therefore not extradictable. The prosecutor appealed.
Held: Part I of the 2003 Act was . .
Cited – Director of Public Prosecutions v Stonehouse HL 1977
The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English . .
Cited – Abdelbaset Ali Mohmed Al Megrahi v Her Majesty’s Advocate HCJ 14-Mar-2002
. .
Cited – In re Nielsen HL 1984
The House considered the role of the metropolitan magistrate under section 9 and 10 of the 1870 Act in the context of an application for extradition under the treaty between Denmark and the United Kingdom. At section 9 hearings it had been the . .
Cited – Government of Belgium v Postlethwaite HL 1988
The court should not apply the strict canons which are appropriate to the construction of domestic legislation to extradition treaties. Extradition treaties, and extradition statutes, ought to be accorded a broad and generous construction so far as . .
Cited – Clements v HM Advocate 1991
An offence charged was a contravention of the 1971 Act. Observing that the criminal enterprise with which the appellants were concerned was the whole network or chain of supply, right up to the end of the chain where the harmful effects were to be . .
Cited – In Re Ismail (Application For Writ of Habeas Corpus) (On Appeal From A Divisional Court of The Queen’s Bench Division) HL 20-Aug-1998
The term ‘Accused person’ for the purposes of extradition can include a person yet to be charged. Allowance are to be made for foreign systems, and should recognise the purpose of the legislation and includes the desire to interview or where a . .
Cited – Director of Public Prosecutions v Doot HL 1973
The defendants were charged with conspiracy to import dangerous drugs into the United Kingdom. Their counsel submitted that they could not be tried in England since the conspiracy had been formed abroad.
Held: There could be no breach of any . .
Cited – Somchai Liangsiriprasert v Government of the United States of America PC 1991
(Hong Kong) Application was made for the defendant’s extradition from Hong Kong to the USA. The question was whether a conspiracy entered into outside Hong Kong with the intention of committing the criminal offence of trafficking in drugs in Hong . .
Cited – Her Majesty’s Advocate v Abdelbaset Ali Mohmed Al Megrahi and Al Amin Khalifa Fhimah HCJ 8-Dec-1999
The court considered whether the criminal complaint that the defendants had been part of a conspiracy to set a bomb aboard an airliner which exploded over Scotland, was justiciable in Scotland. Lord Sutherland: ‘Where however, a crime of the utmost . .
Cited – Bleta, Regina (on the Application of) v Secretary of State for the Home Department Admn 9-Aug-2004
Extradition of the defendant was sought so as to serve a sentence of imprisonment.
Held: Use in the warrant of the actual words in the Act was not required. ‘Even if the actual words of the Act are not incorporated in the request, and even if . .
Cited by:
Cited – Kuprevicius v Government of Lithuania QBD 18-May-2006
The claimant challenged his extradition saying that the arrest warrant had not explicitly alleged, as required, that he was ‘unlawfully at large’.
Held: The statement could be inferred where the circumstances properly allowed that. . .
Cited – Von Der Pahlen v Government of Austria Admn 27-Jun-2006
The defendant resisted extradition to Austria saying that the warrant was defective. The claimant said that generalised charges were sufficient.
Held: ‘The language of section 2(4)(c) is not obscure and, in my judgment, it should be given its . .
Cited – McKinnon v USA and Another Admn 3-Apr-2007
The defendant appealed an order for his extradition. He had used his computer in London to access remotely defence and other government computers in the USA, and deleted files and copied others onto his own computer. He had been offered a deal if he . .
Cited – Dabas v High Court of Justice, Madrid HL 28-Feb-2007
The defendant sought to appeal his extradition to Spain to face terrorism charges. He complained that the certificate required under the 2003 Act could not be the European arrest warrant itself, that the offence did not satisfy the double . .
Cited – Hilali v Governor of HMP Whitemoor and others Admn 25-Apr-2007
The claimant had been in prison pending removal after his resistance to a European Extradition Warrant had failed. Subsequent developments in the case against him in Spain suggested that the case against him might now fail. He sought a writ of . .
Cited – Krzyzowski v Circuit Court In Gliwice, Poland Admn 23-Nov-2007
Extradition of the defendant to Poland was sought, the court saying he had fled his trial for burglaries in 1999. The defendant argued that his extradition would now be unfair.
Held: The judge was right to hold that his ruling of deliberate . .
Cited – Hilali, Re; Regina (Hilali) v Governor of Whitewall Prison and Another HL 30-Jan-2008
The applicant had been detained pending his extradition. He complained that that continued detention became unlawful after fundamantal changes in the case. The telephone intercepts which were the basis of the extradition had been ruled unlawful and . .
Cited – Pilecki v Circuit Court of Legnica, Poland HL 6-Feb-2008
The defendant appealed against an extradition order made under a European Arrest Warrant to ensure that he served a sentence of imprisonment in Poland. The warrant was in respect of several sentences, some of which were for more and some for less . .
Cited – Norris v United States of America and others HL 12-Mar-2008
The detainee appealed an order for extradition to the USA, saying that the offence (price-fixing) was not one known to English common law. The USA sought his extradition under the provisions of the Sherman Act.
Held: It was not, and it would . .
Cited – Caldarelli v Court of Naples HL 30-Jul-2008
The appellant challenged his extradition saying that the European Arrest Warrant under which he was held wrongly said that he was convicted, whilst he said he was wanted for trial. He had been tried in his absence, and the judgment and sentence were . .
Cited – BH and Another v The Lord Advocate and Another SC 20-Jun-2012
The appellants wished to resist their extradition to the US to face criminal charges for drugs. As a married couple that said that the extraditions would interfere with their children’s rights to family life.
Held: The appeals against . .
Cited – Zakrzewski v The Regional Court In Lodz, Poland SC 23-Jan-2013
The appellant was subject to an extradition request. He objected that the request involved an aggregation of sentences and that this did not meet the requirement sof the 2003 Act. He had been arrested under the arrest warrant, but during his trial . .
Cited – Bucnys v Ministry of Justice SC 20-Nov-2013
The Court considered requests made by European Arrest Warrants for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of the European Union. The . .
Cited – Goluchowski and SAS v District Court and Circuit Court In Poland SC 29-Jun-2016
The appellants challenged the effectiveness of European Arrest Warrants, saying that the requests were deficient in not providing adequate details of warrants issued in support of the decisions. They had been convicted and sentenced to terms of . .
Cited – Konecny v District Court In Brno-Venkov, Czech Republic SC 27-Feb-2019
. .
Lists of cited by and citing cases may be incomplete.
Extradition
Leading Case
Updated: 10 January 2022; Ref: scu.235069
