Departmento De Investigacao E Accao Penal De Lisboa Portugal, R (on the application of) v Westminster Magistrates Court

Departmento De Investigacao E Accao Penal De Lisboa Portugal, R (on the application of) v Westminster Magistrates Court

Permission to bring judicial review proceedings is refused because District Judge Purdy's decision was not arguably erroneous in law; the passage of time and prosecution delays rendered further prosecution oppressive under section 14 of the Extradition Act 2003.

Source-derived case information.

Parties
Claimant: Departmento de Investigacao e Accao Penal de Lisboa Portugal; Defendant: Westminster Magistrates Court; Interested Party: Mr Azevedo
Jurisdiction
England and Wales
Judgment Date
12 March 2015
Procedural Posture
Judicial Review / Permission Application
Outcome
permission refused
Legal Topics
Extradition, Judicial Review, Passage of Time, Oppression, Costs Assessment
Criminal Law Extradition Law Administrative Law Extradition Judicial Review Passage of Time Oppression Costs Assessment

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Parties

Departmento de Investigacao e Accao Penal de Lisboa Portugal

Claimant

Westminster Magistrates Court

Defendant

Mr Azevedo

Interested Party

Procedural Posture

Judicial Review / Permission Application

Legal Issues

  1. 1 Whether District Judge Purdy erred in refusing consent for further prosecution of Mr Azevedo due to passage of time under Extradition Act 2003 section 14
  2. 2 Whether the passage of time rendered further prosecution oppressive or unjust
  3. 3 Whether delay in issuing judicial review proceedings affected permission

Ratio Decidendi

Permission to bring judicial review proceedings is refused because District Judge Purdy's decision was not arguably erroneous in law; the passage of time and prosecution delays rendered further prosecution oppressive under section 14 of the Extradition Act 2003.

Court Disposition

permission refused

Orders

  • Costs summarily assessed at £5,000 plus VAT to be paid by CPS Extradition Unit within 21 days