[2009] EWHC 1579 (Admin)

The word "trial" in the Extradition Act 2003 did not refer to a single event: it was appropriate to construe "trial" as meaning a continuing process that only came to an end when a final decision was made in criminal proceedings that formed the basis of an extradition request. Misinformation given by a legal adviser to an individual subject to an extradition request would not prevent that individual's decision to absent himself from a trial from being deliberate for the purposes of s.20(3) of the Act.

DC (Maurice Kay LJ, Collins J)

17/06/2009

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