Source: All England Reporter
Publisher Citation: [2014] All ER (D) 70 (Jun)
Neutral Citation: [2014] EWHC 1886 (Admin)
Court: Queen's Bench Division, Divisional Court

Lord Thomas CJ and Mr Justice Cranston

Representation Edward Fitzgerald QC and Ben Cooper (instructed by Kaim Todner Solicitors Ltd) for the appellant.
  Toby Cadman (instructed by Crown Prosecution Service) for the judicial authority.
  Ben Watson (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 10 June 2014


Extradition - Extradition order - Appeal - Appellant's extradition to United States being ordered to face trial for conspiracy to defraud - Appellant's appeal being dismissed - Appellant obtaining report diagnosing post-traumatic stress disorder and high suicide risk - Appellant appealing - Whether real injustice to extradite appellant when issue of mental health not previously before court - , - European Convention on Human Rights, arts 3, 8.

The Case

Extradition Extradition order. The appellant appealed against orders for his extradition to the United States to face trial for conspiracy to defraud. He contended that the circumstances fulfilled of the Extradition Act 2003, as it would be a real injustice for him to be extradited with a high risk of suicide and untreated post-traumatic stress disorder when the issue had not previously been properly put before the court. The Divisional Court, in dismissing the appeal, held that there had been no exceptional circumstances in relation to matters that should have been raised and there was no injustice.

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