||All England Reporter
|| All ER (D) 384 (Jun)
||Queen's Bench Division (Divisional Court)
Hughes LJ and Treacy J
||The appellant appeared in person.
||Clair Dobbin (instructed by the Treasury Solicitor) for the Secretary of State for the Home Department.
||Rupert Bowers (instructed by the Crown Prosecution Service) for the government of Canada.
||29 June 2007
Extradition - Extradition order - Appeal - Appellant making representations to Secretary of State as to why he should not be extradited - Appellant raising for first time human rights arguments - Whether Secretary of State proper respondent - Whether grounds for not extraditing appellant - , ss 97, 103.
Extradition Extradition order. As a public authority the Secretary of State was bound by s6 of the 1998 Act to consider whether the extradition would be incompatible with the appellant's human rights but it was the district judge who was best placed to consider the evidence relied on by a person whose extradition was sought. Where no such material had been put before the district judge it was not within the ambit of the Secretary of State to make a wholesale and fresh re-determination of whether the act of extradition was incompatible with Convention rights. A person who wished to appeal on human rights grounds had to do so either on the basis of an issue not raised at the extradition or by relying on evidence that was not available at the extradition hearing.
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