Practice and Procedure

HUBNER v CZECH REPUBLIC (2009)

PUBLISHED November 3, 2009
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[2009] EWHC 2929 (Admin)

Whilst the Criminal Procedure Rules 2005 applied to extradition hearings, they concerned only procedure and not matters of substantive law. The overriding objective that cases be decided justly, pursuant to r.1.1, could not be used to grant the court a self-standing and independent power to refuse extradition on the basis that an offence was considered trivial where no such exception existed within the Extradition Act 2003.

DC (Elias LJ, David Clarke J)

03/11/2009

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