Harrison, R (on the application of) v Spanish Judicial Authority

Harrison, R (on the application of) v Spanish Judicial Authority

The District Judge applied the correct criminal standard and properly found the appellant was aware of pending proceedings and was a fugitive; the delay and personal circumstances did not amount to oppression sufficient to bar extradition.

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, Oppression, Delay in Proceedings, Fugitive Status, Bail Conditions
Criminal Law Extradition Law European Arrest Warrant Oppression Delay in Proceedings Fugitive Status Bail Conditions

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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 section 14 of the Extradition Act 2003
  2. 2 Whether the delay and appellant's circumstances amounted to oppression under section 14
  3. 3 Whether the District Judge applied the correct standard of proof regarding fugitive status

Ratio Decidendi

The District Judge applied the correct criminal standard and properly found the appellant was aware of pending proceedings and was a fugitive; the delay and personal circumstances did not amount to oppression sufficient to bar extradition.

Court Disposition

Appeal dismissed

Orders

  • Extradition order upheld
  • Application for public funding assessment granted