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Guidance on abuse of process in extradition proceedings

Related Member(s):
Alex Bailin QC
Related Practice Area(s):
Extradition and Mutual Assistance

In Giese v USA, the Lord Chief Justice, sitting with Dingemans J, gave important guidance on the correct approach to abuse of process in extradition proceedings.

The Appellant had argued that fresh extradition proceedings were an abuse of process, where a previous extradition request for the same conduct had been determined in his favour (on human rights grounds, based on the system of ‘civil commitment’, a form of preventative detention, which operates in Orange County, California, USA).

Alex Bailin QC and Aaron Watkins represented the Appellant, instructed by Bindmans LLP.

Link to judgment here.
Link to media here.