O'Connor v Greece [2017] NIQB 77 (15 August 2017)

O'Connor v Greece [2017] NIQB 77 (15 August 2017)

The appellant did everything reasonably possible to ensure that notice of appeal was given as soon as it could be given, and delay caused by solicitor's oversight does not preclude extension of time under section 26(5) of the Extradition Act 2003.

Citation
[2017] NIQB 77
Parties
Appellant: John Joseph O'Connor; Respondent: Greece
Jurisdiction
Northern Ireland
Judgment Date
15 August 2017
Procedural Posture
Extradition Appeal / Application for Extension of Time for Leave to Appeal
Outcome
extension of time for leave to appeal granted
Legal Topics
Extradition Procedure, European Arrest Warrant, Article 3 ECHR, Prison Conditions, Extension of Time for Appeal
Criminal Law Extradition Law Human Rights Law Extradition Procedure European Arrest Warrant Article 3 ECHR Prison Conditions Extension of Time for Appeal

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Parties

John Joseph O'Connor

Appellant

Greece

Respondent

Procedural Posture

Extradition Appeal / Application for Extension of Time for Leave to Appeal

Legal Issues

  1. 1 Whether the appellant did everything reasonably possible to ensure notice of appeal was given as soon as it could be given under section 26(5) of the Extradition Act 2003
  2. 2 Whether delay caused by solicitor's oversight can be excused under section 26(5)
  3. 3 Interpretation of statutory time limits for appeals in extradition cases

Ratio Decidendi

The appellant did everything reasonably possible to ensure that notice of appeal was given as soon as it could be given, and delay caused by solicitor's oversight does not preclude extension of time under section 26(5) of the Extradition Act 2003.

Court Disposition

extension of time for leave to appeal granted

Orders

  • Application for extension of time for leave to appeal is allowed.
  • Practice Direction to be issued regarding appeal procedure in extradition cases.