Scuka v Governor of HM Prison Brixton & Anor

Scuka v Governor of HM Prison Brixton & Anor

The offences for which extradition is sought are not trivial; both involve vulnerable victims and are of sufficient gravity to merit extradition proceedings. The conduct alleged meets the threshold for an offence under English law. There is no reason to delay extradition proceedings pending the outcome of the asylum application. Both applications for habeas corpus are refused.

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
Habeas Corpus / Extradition / Judgment on Applications for Writ of Habeas Corpus Challenging Committal Orders for Extradition
Outcome
Applications for habeas corpus refused
Legal Topics
Habeas Corpus, Extradition, Triviality of Offence, Bail Conditions, Asylum Proceedings
Criminal Law Extradition Law Human Rights Habeas Corpus Extradition Triviality of Offence Bail Conditions Asylum Proceedings

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Parties

Milan Scuka

Applicant

Governor of HM Prison Brixton

First Respondent

Government of the Czech Republic

Second Respondent

Procedural Posture

Habeas Corpus / Extradition / Judgment on Applications for Writ of Habeas Corpus Challenging Committal Orders for Extradition

Legal Issues

  1. 1 Whether the offences for which extradition is sought are trivial under section 11(3)(a) of the Extradition Act 1989
  2. 2 Whether the alleged conduct constitutes an offence under English law
  3. 3 Whether extradition proceedings should await the outcome of an asylum application

Ratio Decidendi

The offences for which extradition is sought are not trivial; both involve vulnerable victims and are of sufficient gravity to merit extradition proceedings. The conduct alleged meets the threshold for an offence under English law. There is no reason to delay extradition proceedings pending the outcome of the asylum application. Both applications for habeas corpus are refused.

Court Disposition

Applications for habeas corpus refused

Orders

  • Applicant to remain on bail with existing and two additional conditions: (1) to surrender if and when directed by the Secretary of State; (2) to surrender to the custody of any court in connection with these extradition proceedings upon notice to his last known address and solicitors on record.
  • Reporting requirement varied to twice weekly (Monday and Friday) at the same police station.