[2004] EWHC 3116 (Admin)

It was irrational to refuse to adjourn extradition proceedings in circumstances where there was no statutory power which enabled a serving prisoner to be released earlier than he should be in order that he could be extradited, there was no reasonable cause for delay and there were no reasons not to adjourn. The lack of a provision allowing early release in extradition cases undermined the purpose of the Extradition Act 2003 s.37 and s.186 and the sooner Parliament filled the yawning gap the better.

DC (Tuckey LJ, Field J)

17/12/2004