District Court In Martin, the Slovak Republic v Zigmund

District Court In Martin, the Slovak Republic v Zigmund

The respondent, having confessed, studied the police file, and with knowledge of the proceedings, must have appreciated that trial was imminent and left the jurisdiction to avoid it; thus, he deliberately absented himself from his trial.

Parties
Claimant: The District Court in Martin, The Slovak Republic; Defendant: Zigmund
Jurisdiction
England and Wales
Judgment Date
26 March 2009
Procedural Posture
Extradition Appeal / Appeal From Decision of District Judge
Outcome
appeal allowed
Legal Topics
Deliberate Absence From Trial, European Arrest Warrant, Extradition Act 2003, Remand in Custody
Criminal Law Extradition Deliberate Absence From Trial European Arrest Warrant Extradition Act 2003 Remand in Custody

Case Brief

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Parties

The District Court in Martin, The Slovak Republic

Claimant

Zigmund

Defendant

Procedural Posture

Extradition Appeal / Appeal From Decision of District Judge

Legal Issues

  1. 1 Whether the respondent deliberately absented himself from his trial under section 20(7) of the Extradition Act 2003

Ratio Decidendi

The respondent, having confessed, studied the police file, and with knowledge of the proceedings, must have appreciated that trial was imminent and left the jurisdiction to avoid it; thus, he deliberately absented himself from his trial.

Court Disposition

appeal allowed

Orders

  • quash the order discharging the respondent
  • remit the case to the District Judge