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Extradition – Appeals – 'Territory' – Human rights – Extraneous considerations. High Court of Justiciary: In an appeal by a British citizen, who was convicted of drink driving and negligent manslaughter in Taiwan, against a sheriff's decision sending his case to the Scottish Ministers to decide whether he should be extradited to Taiwan, the court held that the sheriff had not erred in holding that Taiwan was a 'territory' for the purposes of the Extradition Act 2003, or in concluding that the appellant had received a fair trial in Taiwan; the evidence did not demonstrate a 'reasonable chance' or 'serious possibility' that the appellant, if extradited, might be punished, detained or restricted in his personal liberty by reason of his race or nationality; and parties should be allowed a further opportunity, at an evidential hearing, to lead evidence on the issue of whether, if extradited, the appellant would face a real risk of being subjected to inhuman and degrading conditions in Taipei prison.
Extradition – Appeals – 'Territory' – Human rights – Extraneous considerations. High Court of Justiciary: In an appeal by a British citizen, who was convicted of drink driving and negligent manslaughter in Taiwan, against a sheriff's decision sending his case to the Scottish Ministers to decide whether he should be extradited to Taiwan, the court held that the sheriff had not erred in holding that Taiwan was a 'territory' for the purposes of the Extradition Act 2003, or in concluding that the appellant had received a fair trial in Taiwan; the evidence did not demonstrate a 'reasonable chance' or 'serious possibility' that the appellant, if extradited, might be punished, detained or restricted in his personal liberty by reason of his race or nationality; and parties should be allowed a further opportunity, at an evidential hearing, to lead evidence on the issue of whether, if extradited, the appellant would face a real risk of being subjected to inhuman and degrading conditions in Taipei prison.
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