[2012] EWHC 3671 (Admin)

A requirement under the Extradition Act 2003 s.20(5) that a person who has been convicted in absentia in proceedings about which he had no knowledge be entitled to a retrial if returned to a requesting State was met by the Italian Code of Criminal Procedure art.175. Although the Italian court could theoretically refuse a retrial where it was satisfied a defendant knew of the original proceedings and voluntarily absented himself, that was a procedural step which did not detract from the unconditional nature of the right to a retrial.

DC (Rafferty LJ, Kenneth Parker J)

20/12/2012