Germany v Kleinschmidt & Anor [2005] EWHC 1373 (Admin) (29 June 2005)

Germany v Kleinschmidt & Anor [2005] EWHC 1373 (Admin) (29 June 2005)

Section 78(4)(c) of the Extradition Act 2003 does not require service of the relevant documents before the commencement of the extradition hearing; service may be effected at the hearing provided it is fair to the person served. The responsibility for service lies in practice with the requesting state's solicitor (here, the Crown Prosecution Service), not the court or Secretary of State. The District Judge erred in holding that failure to serve before the hearing was fatal and in discharging the Respondents on that basis.

Citation
[2005] EWHC 1373 (Admin)
Parties
Appellant/claimant: Government of Germany; Respondent/defendant: Roland Kleinschmidt; Respondent/defendant: Laura Dewar
Jurisdiction
England and Wales
Judgment Date
29 June 2005
Procedural Posture
Extradition Appeal / Appeal From Decision of District Judge at Bow Street Magistrates Court
Outcome
Appeal allowed
Legal Topics
Service of Documents in Extradition, Timing of Service Under Extradition Act 2003, Responsibility for Service in Extradition Proceedings, Interpretation of Extradition Act 2003 S.78(4)(c)
Extradition Law Criminal Procedure Administrative Law Service of Documents in Extradition Timing of Service Under Extradition Act 2003 Responsibility for Service in Extradition Proceedings Interpretation of Extradition Act 2003 S.78(4)(c)

Case Brief

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Parties

Government of Germany

Appellant/claimant

Roland Kleinschmidt

Respondent/defendant

Laura Dewar

Respondent/defendant

Procedural Posture

Extradition Appeal / Appeal From Decision of District Judge at Bow Street Magistrates Court

Legal Issues

  1. 1 Whether Extradition Act 2003 s.78(4)(c) requires service of documents before commencement of extradition hearing
  2. 2 Who is responsible for effecting service of documents in extradition proceedings
  3. 3 Whether failure to serve documents before hearing is fatal to extradition proceedings

Ratio Decidendi

Section 78(4)(c) of the Extradition Act 2003 does not require service of the relevant documents before the commencement of the extradition hearing; service may be effected at the hearing provided it is fair to the person served. The responsibility for service lies in practice with the requesting state's solicitor (here, the Crown Prosecution Service), not the court or Secretary of State. The District Judge erred in holding that failure to serve before the hearing was fatal and in discharging the Respondents on that basis.

Court Disposition

Appeal allowed

Orders

  • Decision of District Judge quashed
  • Case remitted to District Judge to proceed in accordance with the judgment of the High Court