The House of Lords dismissed an appeal from a refusal to grant a writ of habeas corpus where the Divisional Court, having considered all of the particular facts of the case, correctly concluded that the German authorities had commenced prosecution proceedings against the appellant, and that he was therefore a person who was "accused" for the purposes of s.1 Extradition Act 1989. Whether a person was within the meaning of "accused person" was a question of fact in each case.

HL (Lord Browne-Wilkinson, Lord Jauncey, Lord Slynn of Hadley, Lord Steyn, Lord Hutton)

29/07/1998