The magistrates' court had been entitled to find that the applicant was the same person as the person sought to be extradited by Italy.Application for habeas corpus challenging the decision of Bow Street Magistrates' Court on 15 October 2002 to commit the applicant ('B') in connection with an extradition request by Italy. When arrested, B had produced a driving licence with a photograph together with the same name and address as that of the person sought by Italy. The date of birth was slightly different and the place of birth was different from that provided in the details supplied by Italy. There was a photograph on the licence which bore a striking resemblance to the person sought by Italy. On the present application B argued that, given that the burden of proof was on the respondent to show to the criminal standard that he was the same person as the person sought by Italy, it had not been open to the magistrates' court to hold that he was that person.HELD: (1) The magistrates' court had been entirely entitled to reach the conclusion that B and the person sought by Italy were the same person. (2) The minor discrepancies between the information on B's driving licence and the details supplied by Italy did nothing to displace that conclusion.Application refused.

[2003] EWHC 509 Admin

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