Mann, R (on the application of) v The City of Westminster Magistrates' Court & Ors

Mann, R (on the application of) v The City of Westminster Magistrates' Court & Ors

The High Court has no jurisdiction to entertain a claim for judicial review of the extradition order or SOCA's actions once the statutory appeal process under Part 1 of the Extradition Act 2003 is exhausted or not complied with, and there are no supervening events justifying intervention. S.142 of the Magistrates’ Courts Act 1980 cannot be invoked to re-open the extradition hearing.

Parties
Claimant: Gary Norman Mann; 1st Defendant: The City of Westminster Magistrates’ Court; 2nd Defendant: Serious Organised Crime Agency; Interested Party: The Judicial Tribunal of Albufeira, Portugal
Jurisdiction
England and Wales
Judgment Date
19 January 2010
Procedural Posture
Judicial Review / Permission Hearing
Outcome
Permission for judicial review refused
Legal Topics
Judicial Review of Extradition, Statutory Time Limits, Jurisdictional Limits, Right to Fair Trial
Extradition Law Criminal Procedure Human Rights Judicial Review of Extradition Statutory Time Limits Jurisdictional Limits Right to Fair Trial

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Parties

Gary Norman Mann

Claimant

The City of Westminster Magistrates’ Court

1st Defendant

Serious Organised Crime Agency

2nd Defendant

The Judicial Tribunal of Albufeira, Portugal

Interested Party

Procedural Posture

Judicial Review / Permission Hearing

Legal Issues

  1. 1 Whether the High Court has jurisdiction to intervene by way of judicial review after statutory appeal time limits have expired in extradition proceedings under Part 1 of the Extradition Act 2003
  2. 2 Whether SOCA's actions or inactions are subject to challenge
  3. 3 Whether s.142 of the Magistrates’ Courts Act 1980 can be invoked to re-open an extradition hearing

Ratio Decidendi

The High Court has no jurisdiction to entertain a claim for judicial review of the extradition order or SOCA's actions once the statutory appeal process under Part 1 of the Extradition Act 2003 is exhausted or not complied with, and there are no supervening events justifying intervention. S.142 of the Magistrates’ Courts Act 1980 cannot be invoked to re-open the extradition hearing.

Court Disposition

Permission for judicial review refused

Orders

  • Application for permission to apply for judicial review is refused
  • No further stay of extradition granted