Source: All England Reporter
Publisher Citation: [2010] All ER (D) 199 (Mar)
Neutral Citation: [2010] EWHC 366 (Admin)
Court: Queen's Bench Division, Divisional Court
Judge:

Elias LJ and Calvert Smith J
Representation Robert Morris (instructed by Hodge Jones & Allen LLP) for the appellant.
  Myles Grandison (instructed by the Crown Prosecution Service) for the respondent.
Judgment Dates: 11 February 2010

Catchwords

Extradition - Request for extradition - Bar to extradition - Passage of time since commission of alleged offence - European arrest warrant issued for appellant's extradition - Offences stated in warrant allegedly committed 16 or more years before warrant issued - Extradition being ordered by judge - Whether passage of time bar operating to block extradition request - ss 14, 26.

The Case

Extradition Request for extradition. The Divisional Court held, dismissing the instant appeal, that the appellant's extradition could not be blocked by the use of s14 of the - the passage of time bar - as the test of whether it would be unjust to extradite had not been met. The Court further found that a fair trial could be had, and there was no reason to doubt that the Spanish courts would properly consider the issue of fairness if and when it arose.

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