The WLR Daily case summaries
[2022] WLR(D) 100
Supreme Court
Craig v Her Majesty’s Advocate and another
[2022] UKSC 6
2021 Nov 25; 2022 Feb 23
Lord Reed PSC, Lord Lloyd-Jones, Lord Kitchin, Lord Burrows, Lord Stephens JJSC
Extradition— Compatibility with Convention rights— Private and family life— Forum bar protection for requested persons inserted by amendment into extradition statute— Non-commencement in Scotland— Court of Session ruling that continuing failure to commence unlawful— Lord Advocate proceeding with extradition request on behalf of United States in respect of British citizen resident in Scotland notwithstanding ruling— Sheriff sending case to Scottish Ministers on basis that even had provisions been in force requested person’s forum bar defence unlikely to have succeeded— Scottish Ministers ordering extradition— Whether requested person’s extradition when unable to invoke forum bar provisions “in accordance with the law”— Whether incompatible with Convention right to private and family life— Whether conducting extradition proceedings and making extradition order ultra vires—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8
—
Scotland Act 1998 (c 46), s 57(2)
—
Extradition Act 2003 (c 41), ss 79(1)(e), 83A(1)–(3)
—
Crime and Courts Act 2013 (c 22), s 61(2)