[2006] EWHC 167 (Admin) [2006] EWHC 167 (Admin)

Although validity of the warrant was not expressly mentioned in the Extradition Act 2003 as a question that had to be determined by the district judge at the extradition hearing, it had to be treated as a question that had been determined for the purposes of s.27 of the Act. Despite the absence of an express power to consider compliance with s.2 of the Act, the district judge had to consider whether as a result of non-compliance with those provisions he did not have jurisdiction, since the jurisdiction of the court depended on the validity of the warrant.

For extradition purposes, a person could be treated as an “accused person” where he had been found guilty in his absence, but could on surrender,have that verdict set aside and be re-tried.