Fair Extradition Demanded By Courts
Extradition Process to be FairR (Government of the United States of America) v Bow Street
Magistrates’ Court; R (Central Examining Court, Criminal Court of
the National Court, Madrid) v Bow Street Magistrates’ Court
[2006] EWHC 2256 (Admin)
Divisional Court
6 September 2006
Daily Law Notes Summary
The rules governing disclosure in civil actions and criminal
trials could not be applied to extradition proceedings. A judge
who had reason to believe that an abuse of process might have
occurred in extradition proceedings should call upon the
requesting authority or state to provide the necessary
information or evidence for determining whether such an abuse had
occurred. If fairness required that that material should be
disclosed, but the requesting authority or state would not agree
to such a course, the judge should discharge the person whose
extradition was sought.