Partner Edward Grange has been quoted in Criminal Law Week on “Suceava District Court, Romania v Gurau  EWHC 439 (Admin)”, discussing whether on an appeal by the judicial authority against the discharge of the requested person, the requested person has a right of cross-appeal.
“It remains to be seen whether Parliament will now pick up the gauntlet thrown down by Holroyde LJ, and amend the 2003 Act to permit a cross-appeal by a respondent to occur at the same time that an appeal by an appellant is heard. There certainly are reasons other than just convenience to the court and expedience to the extradition process that may make this attractive: a respondent may wish for all their appeal grounds to be heard together to bolster their argument that an appeal against discharge should be dismissed. Further, a successful cross-appeal on grounds that were dismissed at first instance may assist applications elsewhere, for example in persuading the Commission for the Control of INTERPOL’s Files (CCF) to delete a red notice or the Home Secretary or a court to grant asylum on grounds under Article 3 of the European Convention on Human Rights. With conflicting ways of proceeding, in the absence of statutory amendment, it would seem less convenient for the Supreme Court to have to resolve the issue.
Over to Parliament.”
Edward’s full comments can be read in Issue 18 of Criminal Law Week. You will require a subscription to access the full article, which can be found here.
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