PT v Romanian Judicial Authority
The appeal is re-opened in respect of Article 8 and s.25 points due to exceptional circumstances and the availability of new medical evidence indicating a real risk of injustice. The application to re-open the s.20 point is refused as the Supreme Court has determined that a tick in Box 3.4 entitles the applicant to a re-trial.
- Parties
- Applicant: PT; Respondent: Romanian Judicial Authority
- Jurisdiction
- England and Wales
- Judgment Date
- 06 June 2024
- Procedural Posture
- Extradition Application / Application to Re Open Appeal and Admit Fresh Evidence
- Outcome
- Partially allowed
- Legal Topics
- Extradition, Fresh Evidence, Article 8 ECHR, Article 3 ECHR, Right to Re Trial, Finality of Litigation
Case Brief
Summary, issues, holding and outcome
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Parties
PT
Applicant
Romanian Judicial Authority
Respondent
Procedural Posture
Extradition Application / Application to Re Open Appeal and Admit Fresh Evidence
Legal Issues
- 1 Whether the appeal should be re-opened under Criminal Procedure Rules 50.27
- 2 Whether fresh evidence should be admitted
- 3 Whether the applicant's Article 8 rights are engaged by the new evidence
Ratio Decidendi
The appeal is re-opened in respect of Article 8 and s.25 points due to exceptional circumstances and the availability of new medical evidence indicating a real risk of injustice. The application to re-open the s.20 point is refused as the Supreme Court has determined that a tick in Box 3.4 entitles the applicant to a re-trial.
Court Disposition
Partially allowed
Orders
- Leave granted to re-open the appeal in respect of Article 8 and s.25 points.
- Leave refused to re-open the appeal on the s.20 point.
Full Case Text
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