Lord Advocate for the Government of the United States of America v SN

Extradition – Arrest warrant – Physical or mental condition of person whose extradition requested. Sheriff Court: In a case in which the Government of the USA sought the defender's extradition to face serious charges involving, inter alia, bomb hoaxes, the defender having been extradited from Ireland under a European Arrest Warrant in 2015 in respect of domestic offences but having subsequently been considered unfit to stand trial, the court exercised its discretion under s 71(2) of the Extradition Act 2003 and at common law not to issue a warrant for the defender's arrest in connection with the USA's extradition request: to have granted the warrant would simply have been to authorise a charade, well knowing in light of the unchallenged reports produced that it would be unjust and oppressive to extradite the defender in view of his physical and mental condition in terms of s 91 of the 2003 Act.

Category: