Source: All England Reporter
Publisher Citation: [2005] All ER (D) 166 (Nov)
Court: Queen's Bench Division (Divisional Court)

Maurice Kay LJ and Penry-Davey J

Representation Mark Summers (instructed by Siddiqui & Co) for the claimant.
  David Perry (instructed by the Treasury Solicitor) for the Secretary of State.
  John Hardy (instructed by the Crown Prosecution Service) for the Government of Australia.
Judgment Dates: 11 November 2005


Extradition - Extradition order - Appeal to High Court - Question remitted to district judge for re-determination - District judge coming to same conclusion as at previous hearing - Whether decision reviewable by way of judicial review - Extradition Act 2003, s 104.

The Case

Under s104(7) of the the decision of the district judge, where he had come to the same conclusion as he had at the original extradition hearing, was to be taken as a decision of the High Court and therefore final, subject to appeal to the House of Lords.

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