R v Bow Street Metropolitan Stipendiary Magistrate, Ex p Pinochet Ugarte (No 3)

Hearings

England & Wales

24 Mar 1999 [2000] 1 AC 147; [1999] 2 WLR 827; [1999] 2 All ER 97, HL(E) (Lord Browne Wilkinson, Lord Goff of Chieveley, Lord Hope of Craighead, Lord Hutton, Lord Saville of Newdigate, Lord Millett and Lord Phillips of Worth Matravers)

Subject Matter

EXTRADITION — Extradition crime — Double criminality — Torture committed outside jurisdiction of both requesting state and England — Alleged offences committed before extraterritorial torture punishable in England — Extradition requested after offence made punishable under English law — Whether relevant time for consideration of criminality date of offence or date of request — Whether offence extraditable — Extradition Act 1989, s 2

[2000] 1 AC 147; [1999] 2 WLR 827; [1999] 2 All ER 97, HL(E)

INTERNATIONAL LAW — State immunity — Former head of state — Request for extradition in respect of crimes of torture and conspiracy to torture relating to period when applicant head of state — Whether immunity in respect of acts performed in exercise of functions as head of state — Whether governmental acts of torture attributable to functions of head of state — Whether former head of state entitled to immunity ratione materiae in relation to acts of torture — Diplomatic Privileges Act 1964, s 2(1), Sch 1, arts 29, 31, 39 — State Immunity Act 1978, s 20(1) — Criminal Justice Act 1988, s 134(1)

[2000] 1 AC 147; [1999] 2 WLR 827; [1999] 2 All ER 97, HL(E)

Commentary

Blackstones Criminal Practice 2025
Statutory Conspiracy - Jurisdiction over Statutory Conspiracy A5.61

Extra-territorial Jurisdiction - Offences Committed in ‘Convention Countries’ or by Nationals of Convention Countries - Countries and Offences to which s. 4 Applies A8.24

Jurisdictional Immunities - Diplomatic Immunity A8.25

Jurisdictional Immunities - Foreign Heads of State and Government Ministers A8.28

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