Adedeji, R (on the application of) v Public Prosecutor's Office Germany

Adedeji, R (on the application of) v Public Prosecutor's Office Germany

The court held that Section 27 of the Extradition Act 2003 does not preclude the raising of new legal issues on appeal, even if not raised below. The particulars of charge 1, when read with charges 2 and 3, were sufficient to inform the appellant of the case against him, and the principle of specialty would prevent prosecution for any wider conduct. The appeal was therefore dismissed.

Parties
Appellant: Adedeji; Respondent: Public Prosecutor's Office Germany
Jurisdiction
England and Wales
Judgment Date
10 October 2012
Procedural Posture
Extradition Appeal / High Court Appeal From District Judge's Extradition Order
Outcome
appeal dismissed
Legal Topics
Appeals on Extradition Orders, Particularity of Charges, Scope of Appellate Review, Specialty Principle
Extradition Law Criminal Law Appeals on Extradition Orders Particularity of Charges Scope of Appellate Review Specialty Principle

Case Brief

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Parties

Adedeji

Appellant

Public Prosecutor's Office Germany

Respondent

Procedural Posture

Extradition Appeal / High Court Appeal From District Judge's Extradition Order

Legal Issues

  1. 1 Whether the appellant can raise a new legal issue on appeal under Section 27 of the Extradition Act 2003
  2. 2 Whether charge 1 in the extradition warrant is sufficiently particularised
  3. 3 Whether the principle of specialty protects the appellant from prosecution for offences beyond those specified

Ratio Decidendi

The court held that Section 27 of the Extradition Act 2003 does not preclude the raising of new legal issues on appeal, even if not raised below. The particulars of charge 1, when read with charges 2 and 3, were sufficient to inform the appellant of the case against him, and the principle of specialty would prevent prosecution for any wider conduct. The appeal was therefore dismissed.

Court Disposition

appeal dismissed

Orders

  • Appellant's appeal against extradition dismissed
  • Costs to be assessed in the usual way