QUEEN'S BENCH DIVISION
B e f o r e :
(Vice President of the Court of Appeal, Criminal Division)
MR JUSTICE DOUGLAS BROWN
IN THE MATTER OF AN APPLICATION FOR
A WRIT OF HABEAS CORPUS AND SUBJICIENDUM
AND IN THE MATTER SECTION 11(3)(b)
OF THE EXTRADITION ACT 1989
|FEDERAL REPUBLIC OF GERMANY||(DEFENDANT)|
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MR J HARDY appeared on behalf of the DEFENDANT
Crown Copyright ©
Wednesday, 25th June 2003
"However, the witness managed to ward off the attack and to take the chair leg out of the applicant's hand".
"Without prejudice to any jurisdiction of the High Court apart from this section, the court shall order the applicant's discharge if it appears to the court in relation to the offence, or each of the offences, in respect of which the applicant's return is sought, that --
. . .
(b) by reason of the passage of time since he is alleged to have committed it . . .
it would, having regard to all the circumstances, be unjust or oppressive to return him".
"'Unjust' I regard as directed primarily to the risk of prejudice to the accused in the conduct of the trial itself, 'oppressive' as directed to hardship to the accused resulting from changes in his circumstances that have occurred during the period to be taken into consideration; but there is room for overlapping, and between them they would cover all cases where to return him would not be fair".