Worsley v Judicial Authority In Portugal [2012] EWHC 2796 (Admin) (01 October 2012)

Worsley v Judicial Authority In Portugal [2012] EWHC 2796 (Admin) (01 October 2012)

The appellant was properly found to be a classic fugitive, precluding reliance on section 14 of the Extradition Act 2003. The District Judge considered all relevant factors, including those relevant to proportionality, and made no error of law or fact in ordering extradition.

Source-derived case information.

Citation
[2012] EWHC 2796 (Admin)
Parties
Claimant: Stuart Worsley; Defendant: Judicial Authority in Portugal
Jurisdiction
England and Wales
Judgment Date
01 October 2012
Procedural Posture
Extradition Appeal / High Court Appeal From District Judge's Extradition Order
Outcome
Appeal dismissed
Legal Topics
Extradition, European Arrest Warrant, Passage of Time Bar, Proportionality, Fugitive Status
Criminal Law Extradition Law European Law Extradition European Arrest Warrant Passage of Time Bar Proportionality Fugitive Status

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Parties

Stuart Worsley

Claimant

Judicial Authority in Portugal

Defendant

Procedural Posture

Extradition Appeal / High Court Appeal From District Judge's Extradition Order

Legal Issues

  1. 1 Whether the appellant was entitled to rely on section 14 of the Extradition Act 2003 (passage of time bar)
  2. 2 Whether the District Judge was required to consider proportionality under European law in the context of section 14

Ratio Decidendi

The appellant was properly found to be a classic fugitive, precluding reliance on section 14 of the Extradition Act 2003. The District Judge considered all relevant factors, including those relevant to proportionality, and made no error of law or fact in ordering extradition.

Court Disposition

Appeal dismissed

Orders

  • Order for extradition to Portugal stands
  • Appellant to pay respondent's costs of £780, not to be enforced without determination of ability to pay