Source: All England Reporter
Publisher Citation: [2014] All ER (D) 226 (Jan)
Neutral Citation: [2014] EWHC 153 (Admin)
Court: Queen's Bench Division, Divisional Court

Lord Thomas LCJ, Ouseley and Blake JJ

Representation Hugo Keith and Ben Watson (instructed by the Crown Prosecution Service) for the requesting state.
  Clare Montgomery QC and Mark Summers (instructed by Corker Binning) for the appellant.
Judgment Dates: 31 January 2014


Extradition - Extradition hearing - Appeal - Appellant's extradition being sought by respondent requesting state to face charges of murder - Appellant's extradition being ordered - Appellant appealing - Appellant being found to be unfit to stand trial - Extradition deemed not to be unjust or oppressive - Appellant appealing - Whether appellant an accused person for purposes of extradition - Whether appellant's extradition whilst unfit to stand trial unjust or oppressive - .

The Case

Extradition Extradition hearing. The Divisional Court re-opened the appellant's appeal against the decision to extradite him to the respondent requesting state to consider further questions regarding his extradition in circumstances where it was agreed that at the time of the instant hearing he was unfit to plead. The Divisional Court held that, in the instant case, it was not unjust or oppressive to order the appellant's return, provided the requesting state was prepared to give an undertaking to permit his return to the UK in the event it was found, after a reasonable time for further treatment in the requesting state, that he was likely to remain unfit.

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