QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE WALKER
|THE GOVERNMENT OF SLOVAKIA|
|THE SECRETARY OF STATE FOR THE HOME DEPARTMENT||(DEFENDANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR P CALDWELL (instructed by CPS London, EC4M 7EX) appeared on behalf of the Defendant
Crown Copyright ©
"... the Ministry of Justice of the Slovak Republic confirms (according to the information provided by a competent judge) that the case of [the appellant] was transferred to the Slovak Republic from the Czech Republic on the basis of the European Convention on the Transfer of Criminal Proceedings (Strasbourg, 15 May 1972). Since the competent authorities of the Slovak Republic decided to accept the transfer of the case, [the appellant] will be prosecuted and tried only by the Slovak judicial authorities. Therefore [the appellant] cannot be tried twice for the same offence."
"However, I do not regard Lord Diplock as intending to adopt a different approach. He was indicating that if the applicant has brought the delay upon himself by his own acts then that delay was not generally relevant; but if, on the other hand, it was a situation where, as a result of the passage of time (not brought about by the applicant), injustice or oppression resulted then irrespective of whether the requesting state was or was not blameworthy the applicant would be entitled to be discharged."