Mcgurk v Provincial High Court of Alicante, Spain

Extradition – Extradition order. The Divisional Court dismissed the appellant's appeal against the decision of a district judge to order his extradition to Spain, pursuant to a European arrest warrant, to face a charge of rape. The court held that the district judge's conclusion that the delay by the Spanish Judicial Authority did not prevent the appellant from having a fair trial and he had correctly concluded in respect of art 8 of the European Convention on Human Rights that the public interests in extradition outweighed the factors against it and he had rightly concluded that the appellant had failed to establish abuse of process.

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