QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE RICHARDS
|IN THE MATTER OF AN APPLICATION FOR A WRIT OF HABEAS CORPUS AD SUBJICIENDUM AND IN THE MATTER OF THE EXTRADITION ACT 1989|
|THE GOVERNOR OF FRANCE||(DEFENDANT)|
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(Official Shorthand Writers to the Court)
MR J HARDY (instructed by CPS, London EC4M 7EX appeared on behalf of the DEFENDANT
Crown Copyright ©
"(a) particulars of the person whose return is requested;
(b) particulars of the offence of which he is accused or was convicted (including evidence [or in a case falling within subsection (2)(A) below information] sufficient to justify the issue of a warrant for his arrest under this Act;)
(c) in the case of a person accused of an offence, a warrant [or duly authenticated copy of a warrant] for his arrest issued in the foreign state ...
and copies of them shall be served on the person whose return is requested before he is brought before the court of committal."
Section 8 provides for arrest for the purposes of committal and by section 8(i):
"For the purposes of this Part of this Act a warrant for the arrest of a person may be issued --
(b) without such an authority.
[An authority to proceed by the Chief Metropolitan Stipendiary Magistrate]
(i) by a metropolitan magistrate ...
Upon information that the said person is or is believed to be in or on his way to the United Kingdom;
And any warrant issued by virtue of paragraph (b) above is in this Act referred to as a 'provisional warrant'."
"I inform you of the following elements:
James HEWITSON was arrested in Dorset on 3rd March 2003;
When he was arrested he had in his possession a letter forwarded by yourself on 9th February 2003, just as you were detained in Bayonne, a letter that we could not see coming through our usual control of mails;
Explain yourself and tell me, notably, which way you have managed to transmit that mail to your organiser?
ANSWER: In view of what you have just informed me about, I would like to say that my brother's statements are true. In the same way, the statements I gave to the police investigators and then in front of you previously are also true. Thus I do confirm that James HEWITSON is indeed the organiser of these transportations of drugs.
You asked me if I had changed account at the beginning of this interview because I was afraid of that man, I answer no."
Then he explained how it was that the letter had been smuggled out of the prison.
"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-
(c) because the accusation against him is not made in good faith in the interests of justice,
It would, having regard to all the circumstances, be unjust or oppressive to return him."