Klimento v Westminster Magistrates' Court

The District Judge's decision of 16th April 2012 rescinding the extradition order and setting aside the consent procedure was quashed; the original extradition order following consent is reinstated.

Parties: Claimant: Klimento; Defendant: Westminster Magistrates' Court; Interested Party: CPS
Jurisdiction: England and Wales
Judgment Date: 30 May 2012
Procedural Posture: Judicial Review / Extradition / Judgment on Application to Quash District Judge's Decision
Outcome: Application allowed; District Judge's decision quashed; extradition order reinstated
Legal Topics: Extradition Order, Consent Procedure, Judicial Review

Criminal Law Extradition Extradition Order Consent Procedure Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

Klimento

Claimant

Westminster Magistrates' Court

Defendant

CPS

Interested Party

Procedural Posture

Judicial Review / Extradition / Judgment on Application to Quash District Judge's Decision

Legal Issues

1 Whether the District Judge's decision to rescind the extradition order should be quashed
2 Whether the consent procedure was properly set aside

Ratio Decidendi

The District Judge's decision of 16th April 2012 rescinding the extradition order and setting aside the consent procedure was quashed; the original extradition order following consent is reinstated.

Court Disposition

Application allowed; District Judge's decision quashed; extradition order reinstated

Orders

District Judge's decision of 16th April 2012 quashed
Order setting aside consent procedure quashed