Stern v Director of Public Prosecutions & Anor

Stern v Director of Public Prosecutions & Anor

The risk of violation of Article 9 rights due to the travel arrangements is not too high; the planned journey is expected to arrive before the Sabbath, and any potential encroachment is de minimis and does not amount to actionable interference under Article 9.

Parties
Applicant: Stern; First Respondent: Director of Public Prosecutions; Second Respondent: Serious Organised Crime Agency
Jurisdiction
England and Wales
Judgment Date
14 February 2008
Procedural Posture
Judicial Review / Application for Injunctive Relief / Judgment on Urgent Application for Injunction
Outcome
Application for injunctive relief refused
Legal Topics
Article 9 ECHR, Freedom of Religion, Extradition Procedure, Injunctive Relief
Human Rights Law Extradition Law Article 9 ECHR Freedom of Religion Extradition Procedure Injunctive Relief

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Parties

Stern

Applicant

Director of Public Prosecutions

First Respondent

Serious Organised Crime Agency

Second Respondent

Procedural Posture

Judicial Review / Application for Injunctive Relief / Judgment on Urgent Application for Injunction

Legal Issues

  1. 1 Whether removal as planned would breach the applicant's rights under Article 9 of the European Convention on Human Rights
  2. 2 Whether the risk of violation of religious obligations due to travel arrangements constitutes interference under Article 9
  3. 3 If interference exists, whether it is justified

Ratio Decidendi

The risk of violation of Article 9 rights due to the travel arrangements is not too high; the planned journey is expected to arrive before the Sabbath, and any potential encroachment is de minimis and does not amount to actionable interference under Article 9.

Court Disposition

Application for injunctive relief refused

Orders

  • Application for injunctive relief is refused