The ELA is a growing international forum. We offer access to lawyers for people and foreign governments involved in extradition proceedings. We  organise training and conferences on extradition, and share with members a growing database of information about extradition law and practice, including national and international legislation and judgments. To register as a member of the ELA, please click here.

Members of the ELA receive regular e-mail updates of UK judgments and legislation. As the ELA expands, members will receive extradition judgments and legislation from abroad. 

Legal statement

Gomes (No. 2) (5 February 2010) - bailii link to R (Gomes) v Secretary of State for the Home Department [2010] EWHC 168 (Admin) 

Judicial review - diplomatic assurance - same assurance breached in respect of other defendant - whether breach innocent - [1] evidence that assurance would be adhered to in present case - no real risk of Article 3 ECHR violation in present case - no relief appropriate - [2] Secretary of State decision making process - allegations required investigation - entitled to rely upon subsequent assurance - Ahmad & Aswat - assumption of good faith - innocent breach of first assurance not reason to doubt subsequent assurance - decision letter not mentioning subsequent assurance - must have been taken into account - [3] injunction preventing extradition - duty of full and frank disclosure  

Hines (26 January 2010) - bailii link to Hines v Secretary of State for the Home Department [2010] EWHC 69 (Admin)

1989 Act - Section 16 - time limit for surrender - committal ordered - section 12(3) - seceratry of State's decision deferred until conclusion of domestic sentence - representations not considered until after conclusion of domestic senetnce - further information then requested form Requesting State - section 16 period runs from conclusion of domestic sentence - whether sufficient cause for delay - all circumstances to be considered - Oskar - materially different from cases where no further decision to be made prior to return - Shuter - Owens - Secretary of State undertaking functions dilligently - sufficient cause established - Enaharo 

Mann (19 January 2010) - Bailii link to R (Mann) v City of Westminster Magistrates' Court & Ors. [2010] EWHC 48 (Admin)

Conviction in Portugal following trial described by UK police as a ‘farce - Portugese lawyer failed to lodge appeal in time - extradition ordered - UK lawyers file and serve notice of appeal one day late - [1] section 26(4) -Mucelli - no power to extend time - [2] no power to apply for judicial review or habeas corpus - section 34 - Hilali - [3] no power to re-open extradition hearing - section 142 MCA 1980 not available to extradition judge - section 9(1) ceases to apply once extradition order made - section 213(1)(c) - [4] no power to judicially review decision of SOCA to enforce extradition order - Navadunskis confined to supervening human rights events - [5] only means to remedy serious injustice is by ECHR grant of interim measures under rule 39 or through diplomatic channels

Woolley (15 January 2010) - Bailii link to R (Director of Revenue & Customs Prosecutions) v Birmingham Magistrates' Court & Woolley [2010] EWHC 12 (Admin).

Specialty - extradition to UK from Switzerland - extradition requested and granted to serve remainder of 9-year sentence - request also making reference to failure to pay confiscation order and liability to imposition of additional 4-year term of imprisonment in default of payment - Swiss sought clarification of UK position regarding default term - Swiss wrongly understood from Diplomatic Note that extradition not sought to serve default term - extradition granted for 9-year sentence only - RCPO advise Switzerland that it seeks to enforce the default term - Swiss advise that Swiss consent required under Article 14 European Extradition Convention 1957  - [1] section 151 - default term part of the sentence imposed for the offence for which defendant was extradited - failure to pay confiscation order not a separate charge or offence - imposition of default term is ‘dealing with' defendant for offence for which extradition was granted - no breach of specialty - section 151 not to be construed to give effect to Swiss reservation - [2] no abuse of process - no deliberate misleading of Swiss - Swiss misunderstood UK position - Swiss judgments and reservation not binding on UK courts - Davidson   

Lynch (14 January 2010) - Lynch v The High Court in Dublin [2010] EWHC 109 (Admin)

[1] Passage of time - historic sexual abuse allegations - principles time commences from date of allegation - kakis - Norris - mere hardship insufficient - woodcock - whether unjust to extradite - whether courts of requesting state bound to conclude fair trial impossible - regard to safeguards in requesting state - mere delay insufficient - kila - culpability a factor - spanovic - gravity of offence relevant - Cleere - [2] injustice - slow progress - not culpable - mental deterioration during passage of time - unable to recall dates or events - common in historic sexual cases - evidence of deterioration undermined - [3] oppression - - procedural safeguards in place in Ireland - [4] section 25 - expert psychiatric evidence - unfit to plead - not challenged - judge not bound by conclusion - defendant able to communicate with expert - able to deny allegations - not undisputably or inevitably bound to be found unfit - matter for Requesting State - warren

The ELA is pleased to recieve any judgment thought to be of interest to ELA members

USA v Anekwu (2009) SCC 41 (Supreme Court of Canada) regarding the application of the rule against hearsay to extradition proceedings. With thanks to member Jeffrey G. Johnston for supplying the Judgment for the ELA). 

Members should read this decision alongside Friesel v Government of the United States of America [2009] EWHC 1659 (Admin) and the recent decision of the Supreme Court of Ireland in Minister for Justice Equality and Law Reform v Sliczynski [2008] IESC 73.