ABILITY TO RAISE ISSUE ON APPEAL

An individual whose extradition was sought by Poland for copyright offences was entitled to argue on appeal that they were not extradition offences, even though that issue had not been raised before the magistrates’ court. The court was not satisfied that the charges on the European arrest warrant amounted to extradition offences as defined by the Extradition Act 2003 s.64 and that dual criminality was met in respect of those offences.

[2011] EWHC 1347 (Admin)

Where an issue was not raised at an extradition hearing but could be raised by an appellant on the evidence adduced at the extradition hearing, he was in general entitled to raise that issue on appeal to the Divisional Court, even though the issue was not raised at the extradition hearing.

[2009] EWHC 1513 (Admin)