Scuka v Governor of HM Prison Brixton & Anor [2003] EWHC 544 (Admin) (28 February 2003)

Scuka v Governor of HM Prison Brixton & Anor [2003] EWHC 544 (Admin) (28 February 2003)

The offences alleged against the applicant are not trivial; both involve vulnerable victims and are of sufficient gravity to merit extradition proceedings. The bullying charge constitutes an offence under English law as it reasonably imports violence or threat of violence. Extradition proceedings should not be delayed pending the outcome of the asylum application.

Citation
[2003] EWHC 544 (Admin)
Parties
Applicant: Milan Scuka; First Respondent: Governor of HM Prison Brixton; Second Respondent: Government of the Czech Republic
Jurisdiction
England and Wales
Judgment Date
28 February 2003
Procedural Posture
Application for Writ of Habeas Corpus and Extradition Proceedings / Judgment on Habeas Corpus Applications and Bail Conditions
Outcome
Applications for habeas corpus refused; bail conditions varied.
Legal Topics
Extradition, Triviality of Offence, Bail Conditions, Asylum Proceedings, Bullying in Prison, Theft
Criminal Law Extradition Law Human Rights Extradition Triviality of Offence Bail Conditions Asylum Proceedings Bullying in Prison +1 more

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Parties

Milan Scuka

Applicant

Governor of HM Prison Brixton

First Respondent

Government of the Czech Republic

Second Respondent

Procedural Posture

Application for Writ of Habeas Corpus and Extradition Proceedings / Judgment on Habeas Corpus Applications and Bail Conditions

Legal Issues

  1. 1 Whether the offences are trivial under section 11(3)(a) of the Extradition Act 1989
  2. 2 Whether the bullying charge constitutes an offence under English law
  3. 3 Whether extradition should await the outcome of an asylum application

Ratio Decidendi

The offences alleged against the applicant are not trivial; both involve vulnerable victims and are of sufficient gravity to merit extradition proceedings. The bullying charge constitutes an offence under English law as it reasonably imports violence or threat of violence. Extradition proceedings should not be delayed pending the outcome of the asylum application.

Court Disposition

Applications for habeas corpus refused; bail conditions varied.

Orders

  • Impose two additional bail conditions: surrender as directed by Secretary of State and surrender to custody of any court upon notice to last known address and solicitors on record.
  • Reporting requirement reduced to twice weekly (Monday and Friday) at same police station.