Harrison, R (on the application of) v Spanish Judicial Authority [2011] EWHC 3727 (Admin) (16 December 2011)

Harrison, R (on the application of) v Spanish Judicial Authority [2011] EWHC 3727 (Admin) (16 December 2011)

The District Judge applied the correct criminal standard and was entitled to find the appellant was aware of pending proceedings and was a fugitive; the delay and personal circumstances did not amount to oppression under the law.

Citation
[2011] EWHC 3727 (Admin)
Parties
Claimant: Harrison; Defendant: Spanish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
16 December 2011
Procedural Posture
Judicial Review / Extradition Appeal / High Court Appeal From District Judge's Extradition Order
Outcome
Appeal dismissed
Legal Topics
European Arrest Warrant, Extradition Act 2003, Oppression, Delay in Proceedings, Fugitive From Justice
Criminal Law Extradition Law Human Rights European Arrest Warrant Extradition Act 2003 Oppression Delay in Proceedings Fugitive From Justice

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Parties

Harrison

Claimant

Spanish Judicial Authority

Defendant

Procedural Posture

Judicial Review / Extradition Appeal / High Court Appeal From District Judge's Extradition Order

Legal Issues

  1. 1 Whether the appellant was a fugitive from justice under the Extradition Act 2003
  2. 2 Whether the delay and appellant's personal circumstances amount to oppression under section 14 of the Extradition Act 2003

Ratio Decidendi

The District Judge applied the correct criminal standard and was entitled to find the appellant was aware of pending proceedings and was a fugitive; the delay and personal circumstances did not amount to oppression under the law.

Court Disposition

Appeal dismissed

Orders

  • Extradition order upheld
  • Application for public funding assessment granted