R v Governor of Pentonville Prison, Ex parte Teja

Subject Matter

CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity — Costa Rican diplomatic agent visiting Europe for commercial purposes — Arrested in England and proceedings for extradition to India — Whether diplomat appointed by unilateral action of foreign state and without acceptance by receiving slate entitled to diplomatic immunity — Whether diplomatic agent visiting foreign country for commercial purposes and not to negotiate with foreign government entitled to diplomatic immunity

[1971] 2 QB 274; [1971] 2 WLR 816

CRIME — Fugitive offender — Jurisdiction — Habeas corpus — Costa Rican proceedings to advise whether applicant be extradited to India under Costa Rican law — Extradition proceedings in England for same offences — Whether res judicata

[1971] 2 QB 274; [1971] 2 WLR 816

CRIME — Fugitive offender — “Relevant offence” — Offence not offence in United Kingdom — Charges alleging aggravated form of fraudulent conversion under Indian law — No similar offence in English law — Whether relevant offence — Whether evidence of prosecution for political opinions — Fugitive Offenders Act 1967, ss 3 (1), 4 (1) (b) (c)

[1971] 2 QB 274; [1971] 2 WLR 816

CRIME — Fugitive offender — “Unjust or oppressive” — Delay — Delay mainly caused by applicant's own conduct — Whether unjust or oppressive to extradite him — Fugitive Offenders Act 1967, s 8 (3)

[1971] 2 QB 274; [1971] 2 WLR 816

Commentary

Blackstones Criminal Practice 2025
Jurisdictional Immunities - Diplomatic Immunity A8.25