Jane v Westminister Magistrates' Court

Extradition – Habeas corpus. A complete answer to the applicant's writ of habeas corpus would be provided by the fact that there was lawful authority for his detention. On that basis, the appropriate procedure to challenge the district judge's refusal of the applicant's application to be discharged, pursuant to s 36(8) of the Extradition Act 2003, was an application for permission to bring a claim for judicial review. Accordingly, the Divisional Court granted the applicant permission to bring a claim for judicial review, which it then dismissed.

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