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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Brown (formerly Bajinya) v HMP Belmarsh  EWHC 498 (Admin) (13 March 2007)
Cite as:  2 WLR 1184,  EWHC 498 (Admin),  2 All ER 633,  QB 838
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QUEEN'S BENCH DIVISION
Strand. London. WC2A 2LL
B e f o r e :
MR. JUSTICE LLOYD JONES
|Vincent Brown (formerly Vincent Bajinya),
Emmanuel Nteziryayo, Celestin Ugirashebuja
and Charles Munaneza
|(1) Governor of HMP Belmarsh
(2) Secretary of State for the Home Department
(3) The Republic of Rwanda
Alun Jones QC and Joanna Evans (instructed by Robert Lizar Solicitors) for the Second Applicant
Ben Watson (instructed by Hallinans, Gittings and Nott Solicitors) for the Third Applicant
Ben Watson (instructed by O'Keefe's) for the Fourth Applicant
No appearance for the First Respondent
Jonathan Swift and Deok Joo Rhee (instructed by Treasury Solicitors) for the Second Respondent
Rodney Dixon and Gemma Lindfield (instructed by Crown Prosecution Service) for the Third Respondent
Hearing dates: Thursday 22nd February 2007.
Crown Copyright ©
Mr Justice Lloyd Jones:
194 Special extradition arrangements
(1) This section applies if the Secretary of State believes that—(a) arrangements have been made between the United Kingdom and another territory for the extradition of a person to the territory, and(b) the territory is not a Category 1 territory or a Category 2 territory.
(2) The Secretary of State may certify that the conditions in paragraphs (a) and (b) of subsection (1) are satisfied in relation to the extradition of the person.
(3) If the Secretary of State issues a certificate under subsection (2) this Act applies in respect of the person's extradition to the territory as if the territory were a Category 2 territory.
(4) As applied by subsection (3), this Act has effect—(a) as if sections 71(4), 73(5), 74(1 l)(b), 84(7) and 86(7) were omitted;(b) with any other modifications specified in the certificate.
(5) A certificate under subsection (2) in relation to a person is conclusive evidence that the conditions in paragraphs (a) and (b) of subsection (1) are satisfied in relation to the person's extradition.
74 Person arrested under provisional warrant
(1) This section applies if a person is arrested under a provisional warrant.
(2) A copy of the warrant must be given to the person as soon as practicable after his arrest.
(3) The person must be brought as soon as practicable before the appropriate judge.
(4) But subsection (3) does not apply if—
(a) the person is granted bail by a constable following his arrest, or
(b) in a case where the Secretary of State has received a valid request for the person's extradition, the Secretary of State decides under section 126 that the request is not to be proceeded with.
(5) If subsection (2) is not complied with and the person applies to the judge to be discharged, the judge may order his discharge.
(6) If subsection (3) is not complied with and the person applies to the judge to be discharged, the judge must order his discharge.
(7) When the person first appears or is brought before the appropriate judge, the judge must—
(a) inform him that he is accused of the commission of an offence in a Category 2 territory or that he is alleged to be unlawfully at large after conviction of an offence by a court in a Category 2 territory;
(b) give him the required information about consent;
(c) remand him in custody or on bail.
(8) The required information about consent is—
(a) that the person may consent to his extradition to the Category 2 territory in which he is accused of the commission of an offence or is alleged to have been convicted of an offence;
(b) an explanation of the effect of consent and the procedure that will apply if he gives consent;
(c) that consent must be given in writing and is irrevocable.
(9) [If the person is remanded in custody, the appropriate judge may] later grant bail.
(10) The judge must order the person's discharge if the documents referred to in section 70(9) are not received by the judge within the required period.
(11) The required period is—
(a) 45 days starting with the day on which the person was arrested, or
(b) if the Category 2 territory is designated by order made by the Secretary of State for the purposes of this section, any longer period permitted by the order.
(12) Subsection (4)(a) applies to Scotland with the omission of the words "by a constable".
The documents referred to in section 70(9) are, for present purposes, the request for extradition and the certificate under section 70(1). The Applicants maintain that the modification of section 74(10) is ultra vires and that, accordingly, since the required period of 45 days expired on the 11th February 2007 a judge is required to order their discharge. Upon this basis it is submitted that there is no lawful basis for their continuing detention.
Lord Justice Latham: I agree.