Source: All England Reporter
Publisher Citation: [2012] All ER (D) 41 (Oct)
Court: Queen's Bench Division, Divisional Court
Judge:

Laws LJ and Silber J (judgment delivered extempore).

Representation Julian Atlee (instructed by Atlee Chung) for the appellant.
  Nick Hearn (instructed by the Crown Prosecution Service) for the judicial authority.
Judgment Dates: 4 October 2012

Catchwords

Extradition - Extradition hearing - Appeal - Double jeopardy - Prosecution of appellant for murder being dropped in Ireland - Appellant fleeing to United Kingdom - Irish judicial authority seeking to extradite appellant in respect of offence arising out of same incident, namely, concealing a body - European arrest warrant being issued and appellant being arrested - Appellant resisting extradition on basis of principle of double jeopardy - Whether principle applicable

The Case

Extradition Extradition hearing. The Divisional Court dismissed the appellant's appeal against extradition on the basis that in the circumstances a different charge arising out of the same set of facts had not engaged the principle of double jeopardy as set out in of the Extradition Act 2003.

Practice Areas

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