Partner Edward Grange has commented in Criminal Law Week magazine about De Zorzi v France  and the test for “fugitive” status, for the purposes of arguing oppression in reliance on the passage of time under section 14 of the Extradition Act 2003.
Edward said: “Having acknowledged that the term “fugitive” is not given a statutory definition, the Divisional Court proceeded to provide some much needed guidance as to the proper approach the court of first instance should apply to determining a requested person’s fugitive status for the purpose of the passage of time bar to extradition in section 14. The court made clear (at ) that the test is whether the requested person knowingly placed themselves beyond the reach of the legal process. It is a subjective test that requires it to be shown (to the criminal standard) that the requested person placed themselves (deliberately and knowingly) beyond the reach of the requesting state. This is different to the objective test applied to someone who is deemed to be “unlawfully at large”, as defined in section 68A.
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