Practice and Procedure

STEPHEN ALBERT HUTTON v AUSTRALIA (2009)

PUBLISHED March 20, 2009
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[2009] EWHC 564 (Admin)

The extradition to Australia of an alleged offender, who had a long history of mental illness, to face a murder charge 23 years after the offence was committed was not unjust and oppressive either due to the passage of time under the Extradition Act 2003 s.82 or because of his mental condition under s.91 of the 2003 Act. The critical factors in the case were: the gravity of the alleged offence; he had confessed 20 years later; he would receive a fair trial in Australia; and his mental condition would be treated appropriately in Australia.

DC (Scott Baker LJ, Silber J)

20/03/2009

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