header-logo header-logo

02 March 2007 / All England Law Reporters , Editors
Issue: 7262 / Categories: Case law , Law reports , In Court
printer mail-detail

COMPENSATION—EX GRATIA SCHEME COMPENSATING PERSONS FOR PERIOD IN CUSTODY—EXTRADITION

R (on the application of Raissi) v Secretary of State for the Home Department [2007] EWHC 243 (admin), [2007] All ER (D) 278 (Feb)

Queen’s Bench Division (Divisional Court), Auld LJ and Wilkie J, 22 February 2007

The ex gratia scheme by which the Home Secretary may compensate those who have spent a period in custody but who have been acquitted, had their convictions quashed or charges discontinued, does not apply to the initiation and prosecution of extradition proceedings.

Edward Fitzgerald QC and Stephen Cragg (instructed by Tuckers) for the claimant.
Khawar Qureshi QC (instructed by the Treasury Solicitor) for the defendant.

Following the terrorist attacks of September 2001, the US sought the claimant’s extradition. He was detained for approximately four and a half months. However, the US was unable to produce any documentary or other material to the district judge, and the claimant was discharged. He sought compensation under the scheme first introduced by the Home Secretary in 1985. Under the scheme, the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll