Source: All England Reporter
Publisher Citation: [2006] All ER (D) 61 (Apr)
Neutral Citation: [2006] EWHC 744 (Admin)
Court: Queen's Bench Division (Divisional Court)

Auld LJ and Sullivan J

Representation Liam Pepper (instructed by Edwards Vaziraney) for the first appellant.
  Ben Watson (instructed by GT Stewart) for the second appellant.
  Peter Caldwell (instructed by the Crown Prosecution Service) for the respondent.
Judgment Dates: 5 April 2006


Extradition - Hearing - Bar to extradition - Rule against double jeopardy - Abuse of process - Appellant's extradition sought in relation to offences similar to those of which convicted in United Kingdom - Whether appellant's extradition barred - Whether appellant's extradition amounting to abuse of process - , s 80.

The Case

It would be difficult for an English judge to resist an application for a stay of extradition proceedings as an abuse of process where the CPS had chosen to frame a domestic prosecution on only one transaction contained in the an EAW, notwithstanding the material as to the other transactions available to it and lying, albeit unused, in the prosecution papers.

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