H v Mateszalka District Court, Hungary

Extradition – Proportionality. The judge ought to have determined that the appellant's extradition to Hungary would be disproportionate because of s 21(A)(3)(b) of the Extradition Act 2003, the likely penalty that would be imposed if the appellant was found guilty of the extradition offence, given that she had spent eight-and-a-half months in prison following her arrest under the European arrest warrant. Accordingly, the Administrative Court allowed her appeal against orders for her extradition to face trial for using false information to obtain a Hungarian passport.

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