QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE CALVERT SMITH
|DEPUTY PROSECUTOR OF THE REPUBLIC OF ITALY||Respondent|
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Mr Aaron Watkins (instructed by CPS) appeared on behalf of the Respondent
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"(1) If the appropriate judge orders a person's extradition under this Part, the person may appeal to the High Court against the order.
(3) An appeal under this section may be brought on a question of law or fact."
By section 27:
"(1) On an appeal under section 26 the High Court may—
(a) allow the appeal;
(b) dismiss the appeal.
(2) The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.
(3) The conditions are that—
(a) the appropriate judge ought to have decided a question before him at the extradition hearing differently;
(b) if he had decided the question in the way he ought to have done, he would have been required to order the person's discharge.
(4) The conditions are that—
(a) an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;
(b) the issue or evidence would have resulted in the appropriate judge deciding a question before him at the extradition hearing differently ..."
"A person's extradition to a category 1 territory is barred by reason of the passage of time if (and only if) it appears that it would be unjust or oppressive to extradite him by reason of the passage of time ... since he is alleged to have become unlawfully at large ..."
"Both the defendant and the lawyer knew he was wanted but neither would take any action that might assist the Italian authorities in tracking the defendant down. The defendant in his evidence accepts he knew he would have to serve the 4 years. He chose to ignore it and lived in hope that he would not be tracked down. He is not in the same position as someone totally unaware of a foreign conviction and sentence. Despite all the good and useful things he has done with his life in the last 8 years I do not regard it as oppressive to order his extradition by reason of the passage of time."