Mitchell v Government of the United States of America & Anor

Mitchell v Government of the United States of America & Anor

There is no real risk that the appellant would be subjected to civil commitment or dual prosecution; civil commitment is a civil measure and does not breach the specialty principle; extradition is proportionate and does not breach Article 8 ECHR.

Parties
Appellant: Nicky Paul Mitchell; 1st Respondent: Government of the United States of America; 2nd Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
25 October 2016
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Civil Commitment, Specialty Principle, Article 5 ECHR, Article 8 ECHR, Dual Prosecution
Extradition Human Rights Civil Commitment Specialty Principle Article 5 ECHR Article 8 ECHR Dual Prosecution

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Parties

Nicky Paul Mitchell

Appellant

Government of the United States of America

1st Respondent

Secretary of State for the Home Department

2nd Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether extradition exposes the appellant to a real risk of civil commitment constituting a flagrant breach of Article 5 ECHR
  2. 2 Whether extradition breaches the specialty principle under Extradition Act 2003 s.95
  3. 3 Whether extradition constitutes disproportionate interference with private life under Article 8 ECHR

Ratio Decidendi

There is no real risk that the appellant would be subjected to civil commitment or dual prosecution; civil commitment is a civil measure and does not breach the specialty principle; extradition is proportionate and does not breach Article 8 ECHR.

Court Disposition

Appeal dismissed

Orders

  • Appeal against District Judge's decision dismissed
  • Appeal against Secretary of State's decision dismissed