McDade v United Kingdom [1999] FCA 1685

McDade v United Kingdom [1999] FCA 1685

The appellant did not establish special circumstances justifying bail under s 21(6)(f)(iv). Although the Court accepted that there were serious pressures on the appellant and his family, such pressures can attend many cases of incarceration, the appeal was to be heard in about five weeks, the appellant had already failed in the review before Carr J, and the circumstances did not lift the case to the level required for extradition bail.

Jurisdiction
Australia
Judgment Date
15 November 1999
Procedural Posture
Extradition Bail Application / Motion for Bail Pending Hearing of Appeal Against Dismissal of Application for Judicial Review of Magistrate's Decision as to Eligibility for Extradition
Outcome
Motion for bail dismissed.
Legal Topics
['special Circumstances for Bail in Extradition Proceedings' 'appeal Pending Extradition Review' 'risk of Absconding' 'family and Personal Circumstances']
['extradition' 'bail'] ['special Circumstances for Bail in Extradition Proceedings' 'appeal Pending Extradition Review' 'risk of Absconding' 'family and Personal Circumstances']

Case Brief

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Procedural Posture

Extradition Bail Application / Motion for Bail Pending Hearing of Appeal Against Dismissal of Application for Judicial Review of Magistrate's Decision as to Eligibility for Extradition

Legal Issues

  1. 1 ['Whether special circumstances justified release on bail under s 21(6)(f)(iv) of the Extradition Act 1988 (Cth) pending the hearing of the appeal.' "Whether the appellant's family circumstances, including his wife's post-natal depression and his son's psychological distress, lifted the case to the level of special circumstances." 'Whether the stage of the extradition proceedings and the short period until the appeal hearing affected the assessment of special circumstances.']

Ratio Decidendi

The appellant did not establish special circumstances justifying bail under s 21(6)(f)(iv). Although the Court accepted that there were serious pressures on the appellant and his family, such pressures can attend many cases of incarceration, the appeal was to be heard in about five weeks, the appellant had already failed in the review before Carr J, and the circumstances did not lift the case to the level required for extradition bail.

Court Disposition

Motion for bail dismissed.

Orders

  • ['The motion for bail is dismissed.' 'The costs of the motion are reserved.']