Crown Prosecution Service v Patel

Given the defendant's long residence in the UK, lack of concealment, and unexplained delay by the Indian Government, it would be disproportionate to require continued custody pending extradition.

Parties: Claimant: Crown Prosecution Service; Defendant: Patel
Jurisdiction: England and Wales
Judgment Date: 13 May 2010
Procedural Posture: Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Bail, Extradition Proceedings, Delay in Prosecution

Criminal Law Extradition Bail Extradition Proceedings Delay in Prosecution

Case Brief

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Parties

Crown Prosecution Service

Claimant

Patel

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether bail should be revoked pending extradition proceedings
2 Effect of delay by the requesting state in seeking extradition

Ratio Decidendi

Given the defendant's long residence in the UK, lack of concealment, and unexplained delay by the Indian Government, it would be disproportionate to require continued custody pending extradition.

Court Disposition

appeal dismissed

Orders

Bail to continue on current conditions imposed by the district judge