Boulter v Secretary of State for the Home Department & Anor

Boulter v Secretary of State for the Home Department & Anor

The appellant's medical condition does not bar extradition under the Extradition Act 2003, and there is no evidence that extradition to Canada would breach his human rights under Article 3 or Article 8 ECHR, given the availability of adequate medical facilities and safeguards in Canada.

Parties
Appellant: Peter Boulter; 1st Respondent: Secretary of State for the Home Department; 2nd Respondent: Government of Canada
Jurisdiction
England and Wales
Judgment Date
24 August 2006
Procedural Posture
Extradition Appeal / Judgment on Appeal Against Secretary of State's Extradition Order
Outcome
appeal dismissed
Legal Topics
Extradition, Medical Grounds for Extradition, Human Rights (article 3 and Article 8 Echr)
Criminal Law Human Rights Law Extradition Law Extradition Medical Grounds for Extradition Human Rights (article 3 and Article 8 Echr)

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Parties

Peter Boulter

Appellant

Secretary of State for the Home Department

1st Respondent

Government of Canada

2nd Respondent

Procedural Posture

Extradition Appeal / Judgment on Appeal Against Secretary of State's Extradition Order

Legal Issues

  1. 1 Whether the appellant's medical condition bars extradition under the Extradition Act 2003
  2. 2 Whether extradition would breach the appellant's human rights under Article 3 and Article 8 ECHR

Ratio Decidendi

The appellant's medical condition does not bar extradition under the Extradition Act 2003, and there is no evidence that extradition to Canada would breach his human rights under Article 3 or Article 8 ECHR, given the availability of adequate medical facilities and safeguards in Canada.

Court Disposition

appeal dismissed

Orders

  • Appeal against Secretary of State's extradition order dismissed.
  • No extension of time granted for appeal against District Judge's decision.