Extradition to British overseas territories ruled unlawful

In a ruling given by Mr District Judge Zani on 23.05.13, it was held that the UK courts have no jurisdiction to consider extradition requests made by a British overseas territory or dependency. The District Judge accepted the argument put forward by the requested person that the Extradition Act 2003 repealed the Extradition Act 1989 in whole in the United Kingdom. Whilst the Commencement Order which brought the 2003 Act into force contained a saving provision in relation to the 1989 Act, the District Judge also accepted the requested person”s argument that this applied only to legislation in the overseas territory and not in the United Kingdom. Having held that he had no jurisdiction, the requested person”s release was ordered forthwith.

The Government of Bermuda indicated that it would appeal the decision.

Matthew Butt acted for the requested person.

24th May 2013