Source: All England Reporter
Publisher Citation: [2012] All ER (D) 141 (Jun)
Neutral Citation: [2012] UKPC 10
Court: Privy Council
Judge:

Lord Hope, Lady Hale, Lord Kerr, Lord Clarke and Lord Dyson
Representation Alun Jones QC and Howard Stevens (instructed by Charles Russell LLP) for the appellant.
  Clive Nicholls QC, Hugo Keith QC, James Lewis QC, Philip Davis (instructed by Davis & Co, Bahamas) for the respondent.
Judgment Dates: 28 March 2012

Catchwords

Extradition - Extradition crime - Bahamas - Respondent being accused in United States of America, inter alia, of money laundering - Respondent being arrested in Bahamas - Second appellant seeking respondent's extradition to stand trial in US - Committal proceedings being commenced - Respondent applying to Supreme Court for writ of habeas corpus - Supreme Court granting application for writ and setting aside committal order - Appellants appealing to Court of Appeal of the Commonwealth of the Bahamas - Appeal being dismissed and respondent being unconditionally discharged - Appellants applying to board of Privy Council for special leave to appeal - Respondent objecting on basis board having no jurisdiction to hear appeal from Court of Appeal against order made in habeas corpus proceedings for release of a detained person - Whether Judicial Committee having jurisdiction to hear appeal - and 1844.

The Case

Extradition Extradition crime. The Privy Council, having considered the Judicial Committee Acts 1833 and 1834, held, inter alia, that the Judicial Committee had no jurisdiction to entertain an appeal against a grant of habeas corpus in the Bahamas unless jurisdiction was conferred by a provision of the Constitution of the Bahamas or a Bahamian statute. There was no such provision of either and the appeal would accordingly be dismissed for want of jurisdiction.

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