Source: All England Reporter
Publisher Citation: [2002] All ER (D) 02 (Jul)
Court: Divisional Court

Rose LJ and Gibbs J

Representation John Hardy (instructed by Saunders & Co) for the applicant.
  James Hines (instructed by the Crown Prosecution Service) for the respondent.
Judgment Dates: 1 July 2002


Extradition - Committal - Validity - Applicant convicted in United States of America in absentia - Evidence of options by which conviction could be challenged - Whether conviction in contumacy - Sch 1, para 7(1) and (2).

The Case

The test of whether a conviction was in contumacy involved examining the nature of the conviction itself, and the extent to which it was regarded as final in the jurisdiction of the requesting country. That was a question of fact to be based on expert evidence about the law of the requesting country. The mere fact that the 'conviction' in question was recorded as a conviction until set aside was not determinative; nor was the fact that there were procedures open to the applicant to challenge the conviction.

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