King, R (on the application of) v Government of Australia & Anor

King, R (on the application of) v Government of Australia & Anor

Given the gravity of the offences, the applicant's previous absconding, and the substantial evidence against him, the risk of flight remains too high to justify bail at this stage. The tipping point due to delay has not yet been reached, but the applicant may renew his application if there is no decision from the European Court within six months.

Parties
Applicant: Anthony King; First Respondent: Government of Australia; Second Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
12 January 2010
Procedural Posture
Judicial Review / Extradition Bail Application / High Court Bail Application Following Refusal by Magistrates' Court
Outcome
Bail refused
Legal Topics
Bail Pending Extradition, Flight Risk Assessment, European Convention on Human Rights, Delay in Extradition Proceedings
Extradition Law Criminal Law Human Rights Law Bail Pending Extradition Flight Risk Assessment European Convention on Human Rights Delay in Extradition Proceedings

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Parties

Anthony King

Applicant

Government of Australia

First Respondent

Secretary of State for the Home Department

Second Respondent

Procedural Posture

Judicial Review / Extradition Bail Application / High Court Bail Application Following Refusal by Magistrates' Court

Legal Issues

  1. 1 Whether bail should be granted pending extradition proceedings given the gravity of the offences and risk of absconding
  2. 2 Whether the delay in proceedings justifies release on bail
  3. 3 Whether the applicant's rights under the European Convention on Human Rights are at risk

Ratio Decidendi

Given the gravity of the offences, the applicant's previous absconding, and the substantial evidence against him, the risk of flight remains too high to justify bail at this stage. The tipping point due to delay has not yet been reached, but the applicant may renew his application if there is no decision from the European Court within six months.

Court Disposition

Bail refused

Orders

  • Bail application refused
  • Liberty to renew application if no European Court decision or indication within six months