Huczko v Governor HMP Wandsworth & Anor
The delay in bringing the applicant before the appropriate judge was due to human error, was remedied immediately upon discovery, and was not unreasonable or irrational. The District Judge's decision was proper and the requirement of section 4(3) of the Extradition Act 2003 was not breached.
- 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
- Judicial Review / Habeas Corpus / Judgment on Application for Writ of Habeas Corpus
- Outcome
- Application refused
- Legal Topics
- Habeas Corpus, European Arrest Warrant, Judicial Review, Delay in Production Before Judge
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
HUCZKO
Claimant
Governor HMP Wandsworth
Defendant
The Regional Court in Slupsk
Interested Party
Procedural Posture
Judicial Review / Habeas Corpus / Judgment on Application for Writ of Habeas Corpus
Legal Issues
- 1 Whether the applicant was brought before the appropriate judge as soon as practicable under section 4(3) of the Extradition Act 2003
- 2 Whether the delay in production before the judge rendered the detention unlawful and required mandatory discharge
Ratio Decidendi
The delay in bringing the applicant before the appropriate judge was due to human error, was remedied immediately upon discovery, and was not unreasonable or irrational. The District Judge's decision was proper and the requirement of section 4(3) of the Extradition Act 2003 was not breached.
Court Disposition
Application refused
Orders
- Application for writ of habeas corpus refused
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment