Mechlinski, R (on the application of) v Westminster Magistrates Court & Anor

Mechlinski, R (on the application of) v Westminster Magistrates Court & Anor

The District Judge failed to adopt the rigorous approach required by precedent in determining whether reasonable cause for delay was shown; a genuine clerical error alone does not automatically constitute reasonable cause under s 35(5) Extradition Act 2003.

Parties
Claimant: Robert Piotr Mechlinski; Defendant: Westminster Magistrates Court; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
15 July 2015
Procedural Posture
Judicial Review / Judgment
Outcome
Judicial review allowed; District Judge's decision quashed; application for discharge remitted for reconsideration.
Legal Topics
Extradition Proceedings, European Arrest Warrant, Judicial Review, Reasonable Cause for Delay, Discharge Under Extradition Act
Criminal Law Extradition Law Administrative Law Extradition Proceedings European Arrest Warrant Judicial Review Reasonable Cause for Delay Discharge Under Extradition Act

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Parties

Robert Piotr Mechlinski

Claimant

Westminster Magistrates Court

Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether a genuine clerical error constitutes reasonable cause for delay in extradition under s 35(5) Extradition Act 2003
  2. 2 Whether the District Judge adopted a rigorous approach as required by precedent
  3. 3 Whether the delay was justified given the circumstances

Ratio Decidendi

The District Judge failed to adopt the rigorous approach required by precedent in determining whether reasonable cause for delay was shown; a genuine clerical error alone does not automatically constitute reasonable cause under s 35(5) Extradition Act 2003.

Court Disposition

Judicial review allowed; District Judge's decision quashed; application for discharge remitted for reconsideration.

Orders

  • Permission for judicial review granted.
  • Substantive claim for judicial review allowed.