New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Extradition


       

  1. 05/11/2014United Kingdom
    Extradition: judge’s power at extradition hearing; closed material procedure; non-disclosure; Government of Rwanda under Memoranda of Understanding with the United Kingdom requested the extradition of appellants and intervener to stand trial in Rwanda for war crimes; whether in the absence of any statutory power District Judge in extradition proceedings has the power to admit the evidence in a closed material hearing; whether a witness anonymity order can be made under Coroners and Justice Act 2009 s 87; power of the court to order closed material hearing remains limited to the exceptional circumstances recognised in Al Rawi v Security Service [2011] UKSC 34; interests of justice; no further departure from the normal principle of open justice; appeals dismissed
    VB and others v Westminster Magistrates’ Court and others  [2014] UKSC 59
  2. 13/09/2012
    Extradition: New Zealand; whether unjust or oppressive to extradite; where some of charges specified in warrant of a representative character; differences in law between Australia and New Zealand in respect of permissibility of representative charges amount to unfairness; no specialty assurance from NZ that representational charges would not be brought if extradition granted; held unjust, oppressive or too severe a punishment to order surrender;
    Newman v New Zealand  [2011] FCAFC 133