AC-2024-LON-002640 - [2025] EWHC 2702 (Admin)

It is common ground that the sole issue in this case under section 20 is whether the appellant deliberately absented himself from his trial for the purposes of section 20(3). He was convicted in his absenceand is not entitled to a retrial. Sections 20 and 21 provide, as material:

“20 Case where person has been convicted

(1)

If the judge is required to proceed under this section (by virtue of section 11) he must decide whether the person was convicted in his presence.

(2)

If the judge decides the question in subsection (1) in the affirmative he must proceed under section 21.

(3)

If the judge decides that question in the negative he must decide whether the person deliberately absented himself from his trial.

(4)

If the judge decides the question in subsection (3) in the affirmative he must proceed under section 21.

21 Person unlawfully at large: human rights

(1)

If the judge is required to proceed under this section (by virtue of section ^F2... 20) he must decide whether the person’s extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998 (c. 42).

(2)

If the judge decides the question in subsection (1) in the negative he must order the person’s discharge.

(3)

If the judge decides that question in the affirmative he must order the person to be extradited to the category 1 territory in which the warrant was issued.”

Under section 206 of the Act, the respondent has the burden of proving to the criminal standard any of the issues it relies on.