Admin. Court quashes Judge’s extradition decision

The Respondent today withdrew its opposition to P’s application to set aside as wrong a district judge’s decision to order extradition.  P was the subject of a valid conviction-type warrant, based on two enforceable judgments of courts in the territory of the issuing court.

P’s extradition was sought to serve a lawfully passed sentence of eighteen (18) months’ imprisonment from which P fled.  P was required to serve the sentence in full.  The District Judge found that P provably fled from justice.  P was present at court when the convicting court sentenced him. 

P argued on appeal that extraditing him was disproportionate because there had been a ten-year unexplained delay in issuing the arrest warrant, during which he had founded his article 8(1) European Convention rights in the UK, in the context of him having been only 19 when he was convicted and sentenced.

The Administrative Court quashed the Judge’s decision.

Consequently, pursuant to s.42, Extradition Act 2003, P was discharged from extradition proceedings.

Anna Maj, and Gonul Guney, Director of GSG Law Solicitors, instructed Abigail post-decision to advise on the merits of applying for permission to appeal.