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Cartwright v Superintendent of HM Prison [2004] UKPC 10

Judicial review - Habeas corpus - Extradition and Exclusion - Criminal Procedure - Committal for extradition - Right of appeal - Declaratory order - Legal effect of judgment deciding committal void

27 February 2004

The appellants (C) appealed from a decision ordering their extradition to the United States. At the committal hearing, under the Extradition Act 1994 (Bahamas), the second respondent (USA), which was the requesting State, relied mainly on the evidence of C's alleged accomplice (X). That affidavit evidence was stated to have been provided to special agents in Florida. Prima facie it was a cogent case for extradition. The magistrate rejected the argument that the evidence was not admissible because it was not direct testimony. C was committed to await extradition. C applied to the Supreme Court of The Bahamas for writs of habeas corpus ad subjiciendum and for judicial review. The Supreme Court held that (i) the magistrate had erred in law by holding that X's evidence was direct evidence and hence admissible; (ii) the orders of committal were therefore void and the writs had to issue; (iii) no determination in respect of the certiorari applications was necessary in light of his c...

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