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The Extradition Hearing
The Extradition Hearing
The issues raised under the provisions of the Extradition Act 2003 (“the Act”) were:
Section 12A – that there had been no decision to charge the Appellant (AW 2 only);
Section 21A – proportionality (AW 2 only);
Section 21A/Article 8 ECHR and;
Section 25 – that it would be unjust/oppressive to extradite the Appellant due to his poor health and medical needs.
The matter was initially listed for an extradition hearing on 10 July 2023. This was vacated because Dr Filo (a legal expert) was required to give evidence regarding section 12A, necessitating an application for a video link to Hungary. The hearing was re-listed for 30 October 2023.
On 30 October 2023, District Judge Sternberg granted a defence application to vacate the hearing due to the Appellant’s deteriorating health. The hearing was adjourned to 22 February 2024.
On 19 February 2024, the court re-fixed the hearing to 6th June 2024 due to a lack of court time. A prison assurance was provided by the Hungarian authorities on 6 April 2024 which related to the size of cell in which the Appellant would serve his sentence if extradited. A defence application to vacate on 28 May 2024 because of new medical issues regarding the Appellant’s breathing and the trial of a Continuous Positive Airway Pressure (“CPAP”) machine, was refused by the Judge. The extradition hearing took place on 6 June 2024. The Defence renewed the application to vacate, which was refused. Due to his poor health the Appellant gave evidence via video link.
Following the hearing the Judge made an order for extradition dated 8 July 2024.
- Heading
- Introduction
- The Arrest Warrants
- AW 2
- The Extradition Hearing
- The Appeal/Application
- The Grounds of Appeal
- Ground 2 – Section 25 in respect of AW 1 and AW 2
- Ground 3 – Section 21A / Article 8 ECHR in respect of AW1 and AW2
- The Appellant’s Health
- Fugitivity
- Delay
- Gravity of Offending
- Impact on Family
- Overall Conclusion on Article 8 grounds
- Ground 4 - AW2 whether disproportionate section 21A(1)(b)
- Seriousness of the Conduct ( Section 21 A(3)(a))
- Likely Penalty ( Section 21 A(3)(b))
- Less Coercive Measures ( Section 21 A(3)(c))
- Conclusions
- Ground 1 – Section 12A in respect of AW 2 only: absence of a decision to charge or try
- Discussion and Conclusion
- Fresh Evidence
- Conclusions