West Law Report

Extradition time extension

Posted in Extradition, time limit, Times Law Report by mrkooenglish on June 9, 2008

From The TimesJune 2, 2008

Extradition time extension
Queen’s Bench Divisional Court

Published June 2, 2008

Moulai v Deputy Public Prosecutor, Creteil

Late service of a copy of a duly filed appeal notice was not a fatal bar to an appeal against an extradition order.

The Queen’s Bench Divisional Court (Lord Justice Hooper and Mr Justice Maddison) so held on May 9, 2008, when determining that it had jurisdiction, under rule 3.1(2)(a) of the Civil Procedure Rules, to extend the time limit for service of a notice of appeal filed by Lofti Moulai against District Judge Anthony Evans who, on March 14, 2008, ordered his extradition to Cretail, France.

LORD JUSTICE HOOPER said that but for the provisions of section 26(4) of the Extradition Act 2003 the court would have had the jurisdiction to waive the time limit.

The words “notice of an appeal must be given” in section 26(4) referred to the filing, and not the service of the notice of appeal.

The judgments of the Queen’s Bench Divisional Court in both District Court of Vilnius City v Barcys ([2007] 1 WLR 3249), which decided that a failure to serve the appeal notice could not be waived, and Gercans v Government of Latvia ([2008] EWHC 884 (Admin)), which held that there was no power to extend the time for service of the notice of appeal, were wrong.