Huczko v Governor HMP Wandsworth & Anor [2012] EWHC 4134 (Admin) (13 June 2012)

Huczko v Governor HMP Wandsworth & Anor [2012] EWHC 4134 (Admin) (13 June 2012)

The delay in producing the applicant before the appropriate judge was due to human error and was remedied as soon as discovered. The overall period, including time at the wrong court and subsequent transfer, did not render the District Judge's decision unreasonable or irrational. The requirement of 'as soon as...

Source-derived case information.

Citation
[2012] EWHC 4134 (Admin)
Parties
Claimant: HUCZKO; Defendant: Governor HMP Wandsworth; Interested Party: The Regional Court in Slupsk
Jurisdiction
England and Wales
Judgment Date
13 June 2012
Procedural Posture
Application for Writ of Habeas Corpus Ad Subjiciendum / Judgment on Application
Outcome
Application refused
Legal Topics
European Arrest Warrant, Habeas Corpus, Judicial Review, Detention Procedures
Criminal Law Extradition Law Administrative Law European Arrest Warrant Habeas Corpus Judicial Review Detention Procedures

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Parties

HUCZKO

Claimant

Governor HMP Wandsworth

Defendant

The Regional Court in Slupsk

Interested Party

Procedural Posture

Application for Writ of Habeas Corpus Ad Subjiciendum / Judgment on Application

Legal Issues

  1. 1 Whether the applicant was brought before the appropriate judge as soon as practicable under section 4(3) of the Extradition Act 2003
  2. 2 Whether the delay in producing the applicant before the judge rendered his detention unlawful

Ratio Decidendi

The delay in producing the applicant before the appropriate judge was due to human error and was remedied as soon as discovered. The overall period, including time at the wrong court and subsequent transfer, did not render the District Judge's decision unreasonable or irrational. The requirement of 'as soon as practicable' allows for a margin of flexibility, and the facts did not justify discharge.

Court Disposition

Application refused

Orders

  • Application for writ of habeas corpus ad subjiciendum is refused