Supreme Court to consider the right of retrial in extradition for the first time: Malcolm Hawkes and Graeme Hall acting

The Supreme Court has granted permission to appeal in two separate cases from Italian and Romanian judicial authorities to decide the correct approach when considering the right of retrial in extradition where a requested person has been tried and convicted in their absence.

The Italian case concerns the question whether the trial court needs expressly to have warned a requested person that their trial may go ahead in their absence before they can be considered to have been “deliberately absent” from trial under section 20(3) of the Extradition Act 2003. The Supreme Court will also consider the standard of proof applicable in such circumstances.

The Romanian case concerns the question of whether s. 20(5) of the Extradition Act 2003 – the entitlement to a retrial – is to be decided by the extradition court or if it can be deferred to the requesting judicial authority. The issue includes whether that requirement is satisfied by the person merely applying for a retrial, which will be granted without more, or whether that can include a contested hearing in the requesting court which could reject that application.

The certified question in the Italian case can be found here; and in the Romanian case here.

In Bertino v Italy, Graeme Hall is instructed by Ieva Giedraitye and Amelia McKey of Lloyds PR Solicitors.

In Merticariu v Romania, Malcolm Hawkes is instructed by Rebecca Field of ITN Solicitors.