HMP Wandsworth, Governor of v Kinderis

HMP Wandsworth, Governor of v Kinderis

Where a fugitive consents to extradition under section 45 of the Extradition Act 2003, the Governor must prioritize extradition over domestic criminal proceedings, as domestic prosecution does not constitute 'reasonable cause' for delay under section 47(4). The statutory scheme mandates extradition within the required period, and the judge lacks discretion to postpone extradition for domestic prosecution in consent cases.

Parties
Claimant: The Governor of HMP Wandsworth; Defendant: Antanas Kinderis; Defendant: The Prosecutor General’s Office of the Republic of Lithuania; Defendant: 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
Outcome
declaratory judgment
Legal Topics
Extradition Proceedings, European Arrest Warrant, Statutory Interpretation, Priority of Domestic Vs Foreign Proceedings
Criminal Law Extradition Law EU Law Extradition Proceedings European Arrest Warrant Statutory Interpretation Priority of Domestic Vs Foreign Proceedings

Case Brief

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Parties

The Governor of HMP Wandsworth

Claimant

Antanas Kinderis

Defendant

The Prosecutor General’s Office of the Republic of Lithuania

Defendant

The Crown Prosecution Service, Cambridgeshire

Defendant

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

Legal Issues

  1. 1 Whether the Governor must prioritize extradition over domestic criminal proceedings when the fugitive consents to extradition under the Extradition Act 2003
  2. 2 Interpretation of section 47(4) of the Extradition Act 2003 regarding 'reasonable cause' for delay
  3. 3 Interaction between domestic criminal charges and extradition orders under the Framework Decision and Extradition Act 2003

Ratio Decidendi

Where a fugitive consents to extradition under section 45 of the Extradition Act 2003, the Governor must prioritize extradition over domestic criminal proceedings, as domestic prosecution does not constitute 'reasonable cause' for delay under section 47(4). The statutory scheme mandates extradition within the required period, and the judge lacks discretion to postpone extradition for domestic prosecution in consent cases.

Court Disposition

declaratory judgment

Orders

  • The Governor must keep Antanas Kinderis in custody pending extradition to Lithuania.
  • Any duty to deliver Kinderis for trial at the Cambridge Crown Court is postponed until extradition is effected.