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Extradition

10 December 2009
Issue: 7397 / Categories: Case law , Law digest
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Kozluk v Circuit Court in Lublin, Poland [2009] All ER (D) 02 (Dec)

For the purposes of s 8 of the Extradition Act 2003, an application for an adjournment and the decision to adjourn did not of themselves indicate that any steps had been taken in an extradition hearing; something more was required. A statement in court by the judge that the hearing had begun, been opened or was opening would suffice, even if immediately followed by a successful application to adjourn.

The fact that a judge might have intended to begin or open a hearing counted for nothing unless that intention was communicated to the parties.

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