New Crimeline-9BR Extradition Hub update: Appeals procedure in extradition cases

By Stefan Hyman.

Last year, we considered recent developments in appeal procedures, which included the power in s. 26(5) of the Extradition Act 2003 (“the Act”) for a first-tier appellate court in the UK to grant relief where a requested person gives notice of an intention to seek leave to appeal outside the strict time limits prescribed in s. 26(4) of the Act. We drew attention to a different approach between the High Court in Northern Ireland and the High Court of England and Wales where legal representatives make mistakes and file/service appeal notices late.

Last week, the Supreme Court (Lord Reed PSC, Lords Hamblen, Leggatt, Burrows, Stephens JJSC) preferred the Northern Irish approach in Public Prosecutors Office of the Athens Court of Appeal v. O’Connor (Northern Ireland) [2022] UKSC 4. Some defence practitioners may sigh with relief since the hard-edged rule has been overturned. Although this article considers Part 1 (EU) cases, the same approach is adopted for Part 2 (non-EU) territories under s. 103(10) and s. 108(7A) of the Act.

Read the the full article here.