Migliorelli v Government of Italy [2000] EWHC 558 (QB) (28 July 2000)

Migliorelli v Government of Italy [2000] EWHC 558 (QB) (28 July 2000)

The applicant's conviction in Italy was not final as it was subject to appeal, so he remained an accused person under the Extradition Act 1989. The court was entitled to admit fresh evidence under section 11(4) of the Act. The magistrate's decision to commit was reasonable and not perverse. The application for habeas corpus was dismissed.

Citation
[2000] EWHC 558
Parties
Applicant: Paolo Migliorelli; First Respondent: The Government of Italy; Second Respondent: The Governor of HMP Brixton
Jurisdiction
England and Wales
Judgment Date
28 July 2000
Procedural Posture
Habeas Corpus Application (extradition) / Divisional Court Judgment on Application Following Committal Order
Outcome
Application dismissed
Legal Topics
Extradition of Convicted Persons, Habeas Corpus, Finality of Conviction, Admissibility of Fresh Evidence, Autrefois Convict, Trial in Absentia
Extradition Law Criminal Law Human Rights Extradition of Convicted Persons Habeas Corpus Finality of Conviction Admissibility of Fresh Evidence Autrefois Convict +1 more

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Parties

Paolo Migliorelli

Applicant

The Government of Italy

First Respondent

The Governor of HMP Brixton

Second Respondent

Procedural Posture

Habeas Corpus Application (extradition) / Divisional Court Judgment on Application Following Committal Order

Legal Issues

  1. 1 Whether the applicant is to be treated as an 'accused' or 'convicted' person under the Extradition Act 1989
  2. 2 Whether the conviction in absentia is final for the purposes of extradition
  3. 3 Whether fresh evidence is admissible in habeas corpus proceedings post-committal

Ratio Decidendi

The applicant's conviction in Italy was not final as it was subject to appeal, so he remained an accused person under the Extradition Act 1989. The court was entitled to admit fresh evidence under section 11(4) of the Act. The magistrate's decision to commit was reasonable and not perverse. The application for habeas corpus was dismissed.

Court Disposition

Application dismissed

Orders

  • Application for habeas corpus refused
  • Permission to appeal to the House of Lords refused