Boulter v Secretary of State for the Home Department & Anor [2006] EWHC 2335 (Admin) (24 August 2006)

Boulter v Secretary of State for the Home Department & Anor [2006] EWHC 2335 (Admin) (24 August 2006)

The appellant's medical condition and circumstances do not meet the threshold for a breach of Article 3 or Article 8 ECHR, given the availability of adequate medical facilities and safeguards in Canada. The Secretary of State acted within the limited powers conferred by the Extradition Act 2003, and there is no legal basis to refuse extradition on the grounds advanced. The appeal has no reasonable prospect of success and must be dismissed.

Citation
[2006] EWHC 2335 (Admin)
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 / Appeal Against Secretary of State's Extradition Order Under Section 108 of the Extradition Act 2003
Outcome
appeal dismissed
Legal Topics
Extradition Procedure, Medical Grounds for Resisting Extradition, Human Rights (article 3 and Article 8 Echr), Judicial Review of Secretary of State's Decision
Extradition Law Human Rights Law Extradition Procedure Medical Grounds for Resisting Extradition Human Rights (article 3 and Article 8 Echr) Judicial Review of Secretary of State's Decision

Case Brief

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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 / Appeal Against Secretary of State's Extradition Order Under Section 108 of the Extradition Act 2003

Legal Issues

  1. 1 Whether the appellant's medical condition or human rights preclude extradition to Canada
  2. 2 Whether the Secretary of State has discretion to refuse extradition on medical grounds under the Extradition Act 2003
  3. 3 Whether there is a breach of Article 3 or Article 8 ECHR if extradition proceeds

Ratio Decidendi

The appellant's medical condition and circumstances do not meet the threshold for a breach of Article 3 or Article 8 ECHR, given the availability of adequate medical facilities and safeguards in Canada. The Secretary of State acted within the limited powers conferred by the Extradition Act 2003, and there is no legal basis to refuse extradition on the grounds advanced. The appeal has no reasonable prospect of success and must be dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal against Secretary of State's extradition order is dismissed.
  • Applications to adjourn and to amend grounds of appeal out of time are refused.