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R v. Governor of Pentonville Prison, ex parte Budlong R v. Governor of Holloway Prison, ex parte Kember

England.  30 November 1979 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Extradition — Double criminality — Requirement that conduct constitutes an offence under laws of both requested and requesting State — Whether requirement satisfied by corresponding substantive elements of offence — Requirement of trespass for English offence of burglary not required under laws of District of Columbia, United States — Burglary allegedly committed in District of Columbia on instructions of applicants in United Kingdom — Evidence required to establish double criminality

Extradition — Political offence exception — Allegation by applicants that offences committed to alter United States Government policy towards religious sect — Whether offences of a political nature — Onus on applicants to establish that offence political

Extradition — Rights of suspect — Whether extradition of United Kingdom national contrary to Article 48 of Treaty establishing the European Economic Community

Relationship of international law and municipal law — Enforcement of foreign public laws — Contrary to international law — Whether extradition would result in enforcement of foreign public law — United States Freedom of Information Act — Whether extradition sought to punish for violation of foreign statute and not for the offence of burglary — The law of England

Type
Case Report
Copyright
© Cambridge University Press 1991

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