Government of the United States of America v Dempsey

Extradition – Extradition hearing. A district judge had erred in deciding that the appellant Government of the USA (the requesting state) had failed to prove that the respondent's alleged conduct of lying to the FBI about his activities in Syria did not amount to an extradition offence, namely the English common law offence of perverting the course of public justice. The Divisional Court, in allowing the requesting state's appeal, held that, insofar as the offence was proved, it was one which could have been prosecuted in the jurisdiction of England and Wales. Accordingly, the court quashed the discharge of the respondent and remitted the case to the district judge.

Category: