R (Government of the United States of America) v Bow Street Magistrates Court
| Jurisdiction | England & Wales |
| Court | Queen's Bench Division (Administrative Court) |
| Judgment Date | 06 September 2006 |
| Neutral Citation | [2006] EWHC 2256 (Admin) |
| Date | 06 September 2006 |
QUEEN'S BENCH DIVISIONAL COURT
Before Lord Phillips of Worth Matravers, Lord Chief Justice and Mr Justice Cresswell
THE RULES governing disclosure in a civil action or a criminal trial could not be applied to an extradition hearing.
If a judge had reason to believe that an abuse of process might have occurred in extradition proceedings, he should call upon the requesting authority or state to provide the necessary information or evidence for determining that issue.
If fairness required that that material should be disclosed, but the requesting authority or state would not agree to such a course, the judge should hold that fair process was impossible and discharge the person whose extradition was sought.
The judge should be alert to the possibility of an abuse of process allegation being made as a delaying tactic and he should investigate such an allegation only if there was reason to believe that an abuse might have taken place.
The statutory time limits governing extradition procedures should be complied with and extensions of time granted only in exceptional circumstances.
The Divisional Court of the Queen's Bench Division so held in a reserved judgment:
(i) quashing the decision of District Judge Workman at Bow Street Magistrates Court on December 6, 2005, ordering the Government of the United States of America to disclose certain documents for the purposes of an application by Stanley and Beatrice Tollman for a ruling that their extradition to the United States under the Extradition Act 2003 would be an abuse...
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...proceedings to avoid the need to show a prima facie case. 7 This conclusion was elaborated in R (Government of the United States of America) v Bow Street Magistrates Court and Tollman [2006] EWHC 2256 (Admin) [2007] WLR 115 Lord Phillips CJ, after endorsing what Laws LJ had said, continued ......
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...risk to their personal safety, in Rwanda. 12 Mr. Jones submits that the observations of Lord Philips CJ in Government of the United States of America v. Bow Streets Magistrates' Court [2007] 1WLR 1157 (" Tollman (No. 1)") at paragraph 92 established that in proceedings brought under the 200......
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A v Deputy General Public Prosecutor of the Lyon Court of Appeal
...of documents accompanying the request, there might be a good submission of abuse of process. …” 61 In R (Government of the United States of America) v Bow Street Magistrates Court [2006] EWHC 2256 (Admin), [2007] I WLR 1157 (commonly referred to as “ Tollman”) at paragraph 82 the Court appl......
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...is authority to that effect from Lord Phillips when he was Lord Chief Justice in the case of R (on the application of the Government of the United States of America) v Bow street Magistrates' Court [2006] EWHC 2256. At paragraph 77 the Lord Chief Justice said this: "The Criminal Procedures ......
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Fair Trials International Case Notes
...by the English courts in the cas e of R (Government of the United States of America) v Bow Street Magistrates Court and Tollman [2006] EWHC 2256 (Admin) [‘the Tollman case’] – a case involving the extradition of a Br itish hotelier to the USA to face t rial for £45 million bank fr aud charg......
