Ismail, In re

LORD BROWNE-WILKINSON

My Lords,

    I have had the advantage of reading in draft the speech prepared by my noble and learned friend, Lord Steyn. I agree with it and for the reasons he gives I would dismiss the appeal.

LORD JAUNCEY OF TULLICHETTLE

My Lords,

    I have had the advantage of reading in draft the speech prepared by my noble and learned friend Lord Steyn. I agree with it and for the reasons which he has given I would dismiss this appeal.

LORD SLYNN OF HADLEY

My Lords,

    I have had the advantage of reading in draft the Speech prepared by my noble and learned friend Lord Steyn. For the reasons he gives I would dismiss the appeal.

LORD STEYN

My Lords,

    The only question on this appeal is whether the appellant, a British citizen, is liable to be extradited under section 1 (1) of the Extradition Act 1989 as a person "accused" of extraditable offences in the Federal Republic of Germany. The appellant contends that he is not a person "accused" because no formal criminal charge has been made against him in Germany and that he is merely wanted for pre-trial investigations.

The main provisions

    Section 1 (1) of the Act of 1989 reads as follows:-

 "Where extradition procedures under Part III of this Act are available as between the United Kingdom and a foreign state, a person in the United Kingdom who -  (a) is accused in that state of the commission of an extradition crime; or  (b) is alleged to be unlawfully at large after conviction of an extradition crime by a court in that state,    may be arrested and returned to that state in accordance with those procedures."

The critical words in sub-section (1) (a) are "a person . . . who is accused." Section 20 of the Act of 1989 is also of some relevance. It provides:-

 "(1) This section applies to any person accused of an offence under the law of the United Kingdom who is returned to the United Kingdom in pursuance of extradition arrangements or as mentioned in section 19 (1) above.  (2) If in the case of a person to whom this section applies either -  (a) proceedings against him for the offence for which he was returned are not begun within the period of six months beginning with the day of his arrival in the United Kingdom on being returned: or  (b) . . .  the Secretary of State may, if he thinks fit, on the request of that person, arrange for him to be sent back free of charge and with as little delay as possible to the jurisdiction of the foreign state, Commonwealth country…