R (St John) v Governor of Brixton Prison

Subject Matter

EXTRADITION — Restrictions on return — Arrangement to protect — United States Government seeking extradition of fugitive on charge of murder — Possibility of death penalty on conviction of murder in first degree — No assurance obtained that death penalty would not be imposed — Committal in custody — District judge's finding not specific as to intent neccessary to found charge of first degree murder — Whether committal order violating Convention right not to suffer death penalty — Whether adequacy of protection of right of specialty relevant at committal stage — Whether committal order lawful — Extradition Act 1989 (as amended by Hong Kong (Extradition) Order 1997, art 2, Sch. para 4), ss 1(3), 6(4), Sch 1, para 1(3) — Human Rights Act 1998, Sch 1, Pt III, art 1

[2002] QB 613; [2002] 2 WLR 221