Lord Advocate (for the Government of the United Arab Emirates) v Black

Extradition – Initial procedure – Bars to extradition – Legal aid – Admissibility of evidence – Human rights considerations. Sheriff Court: In extradition proceedings in which the applicant sought the respondent's extradition to the United Arab Emirates to serve a sentence of 12 months' imprisonment imposed following his conviction, in Dubai, for certain crimes of dishonesty, the court held that it had not been shown that there was a flaw in the preliminary extradition procedure and extradition was not barred because of extraneous considerations, however the court was not satisfied that the applicant had not established an essential statutory prerequisite to extradition with regard to the legal aid guarantee contained in s 85(8)(a) of the Extradition Act 2003, and accordingly it discharged the respondent; it would also have discharged him on the basis that extradition would be incompatible with his rights under arts 3 and 6 of the European Convention on Human Rights.