Source: All England Reporter
Publisher Citation: [2009] All ER (D) 116 (Nov)
Neutral Citation: [2009] EWHC 922 (Admin)
Court: Queen's Bench Division, Divisional Court
Judge:

Richards LJ and Teare J
Representation Ben Lloyd (instructed by the Crown Prosecution Service) for the appellant.
  Stephen Fidler (of Fidler & Co Solicitors) for the respondent.
Judgment Dates: 26 March 2009

Catchwords

Extradition - Extradition hearing - Discharge - Appellant judicial authority seeking extradition of respondent - Respondent convicted of offence and sentenced in absentia in requesting state - Judge at extradition hearing finding respondent not deliberately absenting himself from trial in requesting state - Judge ordering respondent's discharge - Whether judge correct - s 28.

The Case

Extradition Extradition hearing. In the instant appeal brought under s28 of the the Divisional Court held that the district judge ought to have found that the respondent had deliberately absented himself from his trial in the Slovak Republic for the offence of burglary, of which he was, in the event, convicted and sentenced for, and that the judge ought not to have discharged the respondent.

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