QUEEN'S BENCH DIVISION)
Strand, London, WC2A 2LL
B e f o r e :
MR JUSTICE LLOYD-JONES
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|SECRETARY OF STATE FOR THE HOME DEPARTMENT
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Miss Melanie Cumberland (instructed by Treasury Solicitor) for the Defendant
Mr Ben Watson (instructed by the Crown Prosecution Service) for the Brazilian Government
Hearing date : 15 December 2009
Crown Copyright ©
Lord Justice Maurice Kay :
"… shall not be made in the case of a person who is serving a sentence of imprisonment … in the United Kingdom –
(a) … until the sentence has been served."
Two other provisions may impact on the date of an order for return. By section 11(2):
"A person committed shall not be returned –
(a) in any case, until the expiration of the period of 15 days beginning with the day on which the order for his committal is made;
(b) if an application for habeas corpus is made in his case, as long as proceedings on that application are pending."
"(1) If a person committed under section 9 … is still in the United Kingdom after the expiration of the relevant period, he may apply to the High Court … for his discharge.
(2) Unless he has instituted proceedings for judicial review of the Secretary of State's decision to order his return, the relevant period is –
(a) the period of two months beginning with the first day on which, having regard to section 11(2), he could have been returned …
(5) If upon an application under this section the Court is satisfied that reasonable notice of the proposed application has been given to the Secretary of State, the Court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged … "
"I do not see how the description 'reasonable' can apply to those errors in fact and law. They are … inexcusable and come nowhere near constituting sufficient cause to allow us to refrain from directing forthwith the discharge from custody of the applicant."