The Grounds of Appeal
The Grounds of Appeal
Whilst it is clear which issues were the subject of the grant of permission and which require permission to be considered, the numbering of the grounds differs between the parties’ skeleton arguments. I have taken the grounds as numbered in the Perfected Grounds of Appeal (“the Grounds”) dated 31 August 2024 (which appear to have been the subject of a retrospective extension of time in the Order made by Hill J). I nevertheless consider the Grounds in the order in which they were addressed in skeleton arguments and at the hearing before me.
Section 27 of the Act provides that on an appeal against an extradition order under section 26, the appeal may be allowed if the conditions in section 27(3) are satisfied. The conditions are that the appropriate judge ought to have decided a question before him at the extradition hearing differently and that if he had decided the question in that way, he would have been required to order the person’s discharge.
- 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
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