H v United States of America
| Jurisdiction | England & Wales |
| Judge | Lord Justice Elias,Mr Justice Collins |
| Judgment Date | 25 June 2015 |
| Neutral Citation | [2015] EWHC 2455 (Admin) |
| Court | Queen's Bench Division (Administrative Court) |
| Date | 25 June 2015 |
| Docket Number | CO/2995/2015 |
[2015] EWHC 2455 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
DIVISIONAL COURT
Royal Courts of Justice
Strand
London WC2A 2LL
Lord Justice Elias
Mr Justice Collins
CO/2995/2015
Mr B Cooper (instructed by Guney, Clark & Ryan) appeared on behalf of the Claimant
Mr P Caldwell (instructed by the Crown Prosecution Service Extradition Unit) appeared on behalf of the Defendant
There is an application before this court by Mr Cooper on behalf of H to vary the bail conditions. We are grateful to both Mr Cooper and Mr Caldwell for their assistance this morning.
We refuse the application to vary the bail conditions. We do not wish to revisit matters covered in our judgment. In paragraph 53 of the judgment of this court we indicated that we would not be attracted to a voluntary arrangement for H's travel to the USA unless the US authorities had indicated some support for that course. Quite the contrary, the US court has as matters currently stand ruled against any such course. If there was a successful appeal against that ruling then of course the position would change but we must deal with things as they are and as they are there is simply no scope for this application. A variation of bail conditions without the support of the US court in the circumstances of this case would be futile.
That leaves one other matter canvassed before us today. That is a question of extending time because the extradition is due to proceed tomorrow. Again, as it seems to us, this is a matter for the courts in the US today if they are so minded. Should the US court in Tennessee take the view in the course of today that the extradition should be stayed pending the appeal against the recent ruling to which I have referred, then no doubt the extradition procedure will be stopped in its tracks and the US marshalls would be instructed not to proceed tomorrow. But if not, then simply extending time is putting off the evil day and clutching at straws for no good purpose.
For those reasons we would refuse the extension of time. We have no doubt that if a stay is ordered in the US...
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