*Konecny v District Court in BrnoVenkov, Czech Republic

Extradition – Right of retrial. Where an individual had been convicted, but that conviction was not final because he had an unequivocal right to a retrial after surrender, he was correctly classified as a convicted person, not an accused person, pursuant to s 14 of the Extradition Act 2003, for the purposes of considering the 'passage of time' bar to surrender. The Supreme Court further held that art 8 of the European Convention on Human Rights provided an appropriate and effective alternative means of addressing passage of time resulting in injustice or oppression in cases where the defendant had been convicted in absentia.

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