Cebula v Nation

Cebula v Nation

Presumption in favour of bail is displaced due to conviction for extradition offence, and there are substantial grounds for believing applicant would fail to surrender, evidenced by previous failures and guilty plea to Bail Act offence.

Parties
Applicant: Cebula; Respondent: Nation
Jurisdiction
England and Wales
Judgment Date
16 April 2019
Procedural Posture
Renewed Bail Application in Extradition Proceedings / Ruling on Bail Application After Extradition Order
Outcome
Bail application refused
Legal Topics
Bail, European Arrest Warrant, Failure to Surrender, Article 8 ECHR, Extradition Offences
Criminal Law Extradition Law Bail European Arrest Warrant Failure to Surrender Article 8 ECHR Extradition Offences

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Parties

Cebula

Applicant

Nation

Respondent

Procedural Posture

Renewed Bail Application in Extradition Proceedings / Ruling on Bail Application After Extradition Order

Legal Issues

  1. 1 Whether presumption in favour of bail applies after conviction for extradition offence
  2. 2 Whether substantial grounds exist to believe applicant would fail to surrender
  3. 3 Proportionality of detention pending extradition appeal

Ratio Decidendi

Presumption in favour of bail is displaced due to conviction for extradition offence, and there are substantial grounds for believing applicant would fail to surrender, evidenced by previous failures and guilty plea to Bail Act offence.

Court Disposition

Bail application refused

Orders

  • Application for bail is refused