QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand, London, WC2A 2LL
B e f o r e :
MR JUSTICE DAVIS
| THE DISTRICT COURT OF VILNIUS CITY
|- and -
Ravi Dogra (instructed by Victor Lissack Roscoe & Coleman) for the Respondent
Hearing dates : 7th March 2007
Crown Copyright ©
Lord Justice Latham:
"Notice of an appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 7 days starting with the day on which the order for the person's discharge is made."
"(1) A Part 1 warrant issued in respect of a person is disposed of
(a) when an order is made for the person's discharge in respect of the warrant and there is no further possibility of an appeal;
(3) There is no further possibility of an appeal against an order for a person's discharge or extradition
(a) when the period permitted for giving notice of an appeal to the High Court ends, if notice is not given before the end of that period;
(5) These must be ignored for the purposes of sub-sections (3) and (4)
(a) any power of a court to extend the period permitted for giving notice of appeal or for applying for leave to appeal;
(b) any power of a court to grant leave to take a step out of time."
"(1) In this paragraph, "the Act" means the Extradition Act 2003
(3) Where an appeal is brought under section 26 or 28 of the Act
(a) the appellant's notice must be filed and served before the expiry of 7 days, starting with the day on which the order is made;
(c) The High Court must begin to hear the substantive appeal within 40 days of the persons arrest;
(4) The High Court may extend the period of 40 days under paragraph (3)(c) if it believes it to be in the interest of justice to do so.
"A better test for determining the issue of validity is to ask whether it was the purpose of the legislation that an act done in breach of the provision should be invalid."
"The objective set for the union to become an area of freedom, security and justice leads to abolishing extradition between member states and replacing it by a system of surrender between judicial authorities. Further, the introduction of a new simplified system of surrender of sentenced or suspected persons for the purposes of execution or prosecution of criminal sentences makes it possible to remove the complexity and potential for delay inherent in the present extradition procedures. Traditional co-operation relations which have prevailed up till now between member states should be replaced by a system of free movement of judicial decisions in criminal matters, covering both pre-sentence and final decisions, within an area of freedom, and security and justice."
Mr Justice Davis: