| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 57 (Jan) |
| Neutral Citation: | [2010] EWHC 109 (Admin) |
| Court: | Queen's Bench Division, Divisional Court |
| Judge: | Aikens LJ and Openshaw J (Judgment delivered extempore) |
| Representation | David Rhodes (instructed by IBB Solicitors) for the appellant. |
| Aaron Watkins (instructed by the Crown Prosecution Service) for the respondent. | |
| Judgment Dates: | 14 January 2010 |
Catchwords
Extradition - Extradition order - Appeal - Respondent judicial authority seeking appellant's return to Ireland to stand trial for sexual assault - European arrest warrant issued seven years after complaint first made against appellant - Appellant of poor health - District judge ordering appellant's extradition - Whether unjust and/or oppressive to extradite by reason of passage of time and appellant's physical and mental condition - , , , .
The Case
Extradition Extradition order. The Divisional Court held, in dismissing the instant appeal, that the district judge had been correct to order the appellant's extradition to Ireland, where the appellant was sought to stand trial for six counts of sexual assault of a minor, his niece; his extradition not being unjust or oppressive by reason of 'the passage of time', in the instant case some seven years, and his physical and mental health condition.
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