HMP Wandsworth, Governor of v Kinderis [2007] EWHC 998 (Admin) (03 May 2007)

HMP Wandsworth, Governor of v Kinderis [2007] EWHC 998 (Admin) (03 May 2007)

Where a person consents to extradition under s.45 of the Extradition Act 2003 before an extradition hearing is fixed, the judge must order extradition within the statutory period and domestic criminal proceedings do not constitute 'reasonable cause' for delay under s.47(4); the Governor must deliver the prisoner for...

Source-derived case information.

Citation
[2007] EWHC 998 (Admin)
Parties
Claimant: The Governor of HMP Wandsworth; Defendant: Antanas Kinderis; Interested Party: The Prosecutor General's Office of the Republic of Lithuania; Interested Party: The Crown Prosecution Service, Cambridgeshire; Interested Party: City of Westminster Magistrates Court; Interested Party: The Crown Court at Cambridge; Interested Party: The Serious Organised Crime Agency; Interested Party: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
03 May 2007
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Declaration granted in favour of the Governor's application for guidance; Governor must deliver Kinderis for extradition to Lithuania, not for domestic trial.
Legal Topics
European Arrest Warrant, Extradition Act 2003, Consent to Extradition, Priority of Domestic Proceedings, Interpretation of Statutes
Extradition Law Criminal Procedure European Union Law European Arrest Warrant Extradition Act 2003 Consent to Extradition Priority of Domestic Proceedings Interpretation of Statutes

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Summary, issues, holding and outcome

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Parties

The Governor of HMP Wandsworth

Claimant

Antanas Kinderis

Defendant

The Prosecutor General's Office of the Republic of Lithuania

Interested Party

The Crown Prosecution Service, Cambridgeshire

Interested Party

City of Westminster Magistrates Court

Interested Party

The Crown Court at Cambridge

Interested Party

The Serious Organised Crime Agency

Interested Party

The Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Governor must deliver Antanas Kinderis for extradition to Lithuania or for trial on domestic charges in the UK when both orders exist and the fugitive has consented to extradition.
  2. 2 Whether ongoing domestic criminal proceedings constitute 'reasonable cause' for delay under s.47(4) Extradition Act 2003, thereby postponing extradition despite consent.
  3. 3 How s.22 and s.46/s.47 of the Extradition Act 2003 interact when consent to extradition is given before or after the extradition hearing is fixed.

Ratio Decidendi

Where a person consents to extradition under s.45 of the Extradition Act 2003 before an extradition hearing is fixed, the judge must order extradition within the statutory period and domestic criminal proceedings do not constitute 'reasonable cause' for delay under s.47(4); the Governor must deliver the prisoner for extradition, not for domestic trial.

Court Disposition

Declaration granted in favour of the Governor's application for guidance; Governor must deliver Kinderis for extradition to Lithuania, not for domestic trial.

Orders

  • Governor to keep Antanas Kinderis in custody pending extradition to Lithuania.
  • Duty to deliver Kinderis for trial at Cambridge Crown Court is postponed until after extradition.