EXTRADITION

October 31, 2018

A 78-year-old man whose extradition to the Falkland Islands was sought in order to prosecute him for 12 alleged historic sexual abuse offences from the mid-1980s was bailed. The unusual features of the case, including the individual’s ill-health and his caring responsibilities, and the fact that he had not offended since completing a sex offenders’ treatment programme in 2002, meant that the risks of him absconding or committing further offences were minimal.

ABSCONDING BAIL CHILD SEX OFFENCES CRIMINAL PROCEDURE EXTRADITION EXTRADITION REQUESTS HISTORICAL OFFENCES ILL HEALTH RISK OF REOFFENDING

April 4, 2018

The court allowed Romania’s appeal against the grant of bail to a requested person who had been convicted and sentenced to seven years’ imprisonment for sexual offences against an 11-year-old girl whilst working as her dance teacher. The court was satisfied that there were substantial grounds to believe that the requested person would fail to surrender at the extradition hearing.

BAIL CHILDREN CRIMINAL PROCEDURE EXTRADITION ROMANIA SEXUAL OFFENCES

February 6, 2015

A European arrest warrant had sufficiently particularised a convicted requested person’s involvement in a conspiracy to traffic women into prostitution in Italy, the demands in respect of conviction warrants being less onerous than those in relation to accusation warrants. An ECHR art.3 argument based on Italian prison conditions had been foreclosed by the decision in Elashmawy v Italy [2015] EWHC 28 (Admin).

CONSPIRACY CONVICTIONS EUROPEAN ARREST WARRANTS EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.3 EXTRADITION EXTRADITION OFFENCES HUMAN RIGHTS INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT PARTICULARS PRISON CONDITIONS s.22 s.30 s.30(2) SEXUAL OFFENCES ACT 1956 s.10

April 28, 2010

Alleged offences relating to prostitution and people trafficking as specified in a European arrest warrant for which the appellant’s extradition to Lithuania was sought amounted to extradition offences by virtue of the Extradition Act 2003 s.64(3). All the conditions of s.64(3) had been met, notably as the conduct alleged in the warrant had partly occurred in Lithuania and would constitute one or more offences under English law.

EUROPEAN ARREST WARRANTS EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.7 EXTRADITION EXTRADITION ACT 2003 s.64 EXTRADITION OFFENCES EXTRADITION ORDERS NO PUNISHMENT WITHOUT LAW OFFENCES SPECIFIED IN ARREST WARRANT AMOUNTING TO EXTRADITION OFFENCES BY VIRTUE OF S.64(3) EXTRADITION ACT 2003 Part 1 PART OF CONDUCT OCCURRING IN REQUESTING STATE PROSTITUTION s.10 s.52 s.53 s.59(3) s.60 s.60(1) s.60(2) s.64(2) s.64(3) s.64(4) SEXUAL OFFENCES ACT 2003 s.59

November 14, 2003

There was nothing in the applicants circumstances making it unfair or oppressive now to return him to New Zealand to stand trial for serious sexual offences involving abuse of his position of trust as a priest and a teacher.

20 YEARS ELAPSED SINCE ALLEGED OFFENCES ABUSE OF POSITION OF TRUST ADMINISTRATIVE LAW BUGGERY COMMITTAL CRIMINAL PROCEDURE DELAY EXTRADITION EXTRADITION ACT 1989 s.11 FAIR TRIALS HABEAS CORPUS INDECENT ASSAULTS MINORS OPPRESSIVE PASSAGE OF TIME POSSIBILITY OF FAIR TRIAL PRIESTS s.11(3)(b) S.11(3)(B) EXTRADITION ACT 1989 s.9(8) SERIOUSNESS OF OFFENCES SEXUAL OFFENCES TEACHERS UNFAIR YOUNG MEN

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