Pomiechowski v District Court of Legunica, Poland; Lukaszewski v District Court in Torun, Poland; Rozanski v Regional Court 3 Penal Department, Poland; Regina (Halligen) v Secretary of State for the Home Department – WLR Daily

Posted May 24th, 2012 in appeals, extradition, law reports, Supreme Court, time limits by sally

Pomiechowski v District Court of Legunica, Poland; Lukaszewski v District Court in Torun, Poland; Rozanski v Regional Court 3 Penal Department, Poland; Regina (Halligen) v Secretary of State for the Home Department [2012] UKSC 20; [2012] WLR (D) 158

“When a notice of appeal against an extradition decision had an irregularity which could be cured by amendment and the circumstances merited that, the court had jurisdiction to permit the amendment and hear the appeal. A British citizen against whom an extradition order was made was entitled to a fair determination of his common law right to remain within the jurisdiction of the United Kingdom. A statutory provision which impaired his right of appeal against an extradition decision had to be read with the qualification that the court had a discretion in exceptional circumstances to extend the time for the filing of a notice of appeal.”

WLR Daily, 23rd May 2012

Source: www.iclr.co.uk