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Posted: 06 June 2012
SUPREME COURT LANDMARK JUDGEMENT, ARTICLE 6 IS ENGAGED IN EXTRADITION PROCEEDINGS
William Clegg QC. Stephen Vullo and David Patience, instructed by Jeremy Moore of Carter Moore, successfully represented the appellant Halligen in the Supreme Court where, in a landmark judgement, the Court ruled that Article 6 (1) of the European Convention was engaged when a U.K. citizen was faced with extradition proceedings.
This ruling effectively overrules the previous decision of the House of Lords in Mucelli and, for the first time, the Court has held that Article 6 (1) c an be relied upon by Citizens of the U.K. during the extradition process itself and that the Extradition Act 2003 must be "read down" to make extradition hearings in the UK courts to be fair and thus compatible with the Convention.
The case of Mr Halligen, whose extradition is sought by the United States of America on allegations of wire fraud and money laundering, has now been remitted to the Administrative Court for a determination on the merits.