[2025] EWHC 2783 (Admin)

The Secretary of State ordered extradition by an order signed by the Minister of State for Security on 7 November 2023 (the ‘Extradition Order’). Ground 7, which arises in the SSHD appeal, is that the SSHD should have concluded pursuant to s. 95 of the Act that no effective specialty arrangements were in place with Kuwait and for that reason refused to order extradition.

Initially the appeal proceeded on both sides on the understanding that the Extradition Order was made in relation to the case sent by the Judge and covered both requests and both offences. However not long before the hearing of the appeal it was noted that on the wording of the Extradition Order it was limited to the first request. The Government Legal Department drew this to the attention of the other parties on 1 October 2025. By then the two month time limit under s. 99 of the Act had expired so that it was too late to make an extradition order by reference to the case sent by the DJ in relation to the second request. Mr Badie had become entitled to be discharged in respect of the second request pursuant to s. 99(2) of the Act, and following an unopposed application to Westminster Magistrates’ Court on 6 October 2025 an order so discharging him was made.

The Government of Kuwait has indicated that it intends to await the outcome of the appeals before considering whether to issue a further request in respect of the second offence, or to ask the Secretary of State to consent to extradition for that offence in accordance with the treaty. Whatever comes of that, the appeal now falls to be determined on the footing that it is only concerned with the first request.