In R (Coelho) v SSHD, the High Court allowed a judicial review claim where the Home Secretary refused to allow the Parties (the requested person, the US and Portugal) to make representations about to where the requested person should be extradited. He faces conflicting extradition requests for similar conduct. Linden J found that the Home Secretary (i) had not acted fairly by refusing to receive representations; (ii) had failed to take account of relevant considerations; and (iii) had made material factual errors in the submission to the Minister thereby vitiating the decision.
The High Court relied on a recent CJEU judgment (OP v Procureur de la Republique (Case C-763/22)) to interpret section 179 of the Extradition Act 2003. OP concerns Article 16 of the EAW Framework Decision which is materially the same as Article 614 of the Trade and Cooperation Agreement. This provides that an authority (administrative or judicial) must give consideration to all the circumstances of the case including the interests of the person concerned [43].
The case will return to the Home Secretary for a fresh decision.
Stefan Hyman represented Portugal and was instructed by the CPS Extradition Unit.
He was instructed by Crown Prosecution Service Extradition Unit.
