| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 237 (Nov) |
| Court: | Divisional Court |
| Judge: | Rose LJ and Pitchford J |
| Representation | Annabel Darlow (instructed by the Crown Prosecution Service) for the government of Italy. |
| Campaspe Lloyd-Jacob (instructed by Whitelock & Storr) for S. | |
| Judgment Dates: | 16 November 2001 |
Catchwords
Extradition - Committal - Power of district judge to refuse to commit person unlawfully at large - Respondent convicted in absence - Respondent's conviction in accordance with penal code in existence at date of convictions - Penal code subsequently replaced to ensure compliance with European Convention on Human Rights - District judge deciding not to commit respondent - District judge relying on fact evidence admitted at trials inadmissible under new code - Whether judge in error in having regard to new code - s 6(2).
The Case
A district judge when determining whether or not to commit a person alleged to be unlawfully at large to await the decision of the Secretary of State on that person's extradition, could apply past and present standards to the trial process that had occurred in the country seeking that person's extradition. The onus of establishing on a balance of probabilities that there had been unfairness in the proceedings rested with the person unlawfully at large and unless the state seeking extradition could show that the evidence was untainted and compelling a judge would be entitled to reach the conclusion that there should be not committal.
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