EXTRADITION

QBD (Admin) (Spencer J)
4 May 2020

The court declined to grant bail to a Polish national where there were substantial grounds for believing that he would fail to submit to custody and would commit further offences if bail was granted.

QBD (Admin) (Fordham J)
30 April 2020

A Polish national’s application for bail in extradition proceedings was allowed where there were no substantial grounds for believing that there was a real risk that he would fail to surrender. The court took into consideration new evidence supporting his position that he had communicated his whereabouts to the Polish authorities, concerns for his personal safety amidst the Covid-19 pandemic in prison, his ties to the UK and the fact that his daughter had put up her savings as security.

QBD (Admin) (Dove J)
3 April 2020

There were clear and demonstrable grounds to believe that an individual whose extradition had been sought by the United States for allegedly kidnapping his daughter during a custody visit and threatening and harassing his ex-partner would fail to surrender to bail. His claims that as an asthmatic the prison conditions where he was being held were inadequate in view of the corona virus pandemic were rejected. The prison service owed him a duty of care in accordance with existing guidance and he could take up those issues with the prison authorities.

[2020] EWHC 648 (Admin)
[2020] EWHC 648 (Admin)
QBD (Admin) (Lane J)
18 March 2020

The court anonymised a requested person and her immediate family in an extradition judgment where the requested person’s daughter suffered from a serious condition such that identification would likely lead to harm to the family. However, a very good case had to be made for a person who had been convicted of a criminal offence abroad to avoid being named in English extradition proceedings.

[2020] EWHC 603 (Admin)
[2020] EWHC 603 (Admin)
DC (Lord Burnett LCJ, William Davis J)
13 March 2020

Where an extradition case had been remitted to a district judge under the Extradition Act 2003 s.106(3), the judge did not have jurisdiction to consider bars to extradition which had not been raised at the original hearing. The requested person had to raise all potential bars to extradition at the original hearing.

QBD (Admin) (Steyn J)
10 March 2020

There was no real risk of a requested person’s ECHR art.3 rights being breached if he was extradited to Romania where further information and assurances subsequently provided by the judicial authority had addressed the relevant issues, such as the time he would be able to spend outside his cell during a quarantine period, and there was no remaining lack of clarity.

QBD (Admin) (Swift J)
5 March 2020

An individual’s appeal against his extradition to Portugal was dismissed. His European arrest warrant, listing 127 offences relating to the forgery and use of documents, had provided sufficient information under the Extradition Act 2003 s.2(4) to establish the threshold requirement for an EAW.

[2020] EWHC 409 (Admin)
[2020] EWHC 409 (Admin)
QBD (Admin) (Nicol J)
25 February 2020

The mental condition of a man who claimed to have been the victim of trafficking was not such as to render his extradition to the Czech Republic oppressive or a disproportionate interference with his right to private or family life under ECHR art.8.

[2020] EWHC 200 (Admin)
[2020] EWHC 200 (Admin)
DC (Dingemans LJ, Spencer J)
6 February 2020

Although accused of serious crimes, two requested persons were discharged from extradition proceedings after India had failed to provide assurances that their potential life sentences would be reducible until 45 minutes before judgment was due to be handed down. India had known that assurances were required and should have indicated to the judge that it intended to seek them, so that a timetable could be prepared.

QBD (Admin) (Holman J)
4 February 2020

An appeal against extradition to Poland was allowed on the basis of fresh evidence both as to the difficult life history of the appellant and his partner and the circumstances of their relationship since the extradition hearing. The offender had already undergone significant punishment and, in the exceptional circumstances of the case, the ECHR art.8 rights of the appellant and his partner outweighed the normally weighty public interest in extradition.

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