R (on the application of Mechlinski) v Westminster Magistrates Court

Extradition – Discharge of fugitive. After the claimant's extradition had been ordered, he applied for discharge on the basis that no reasonable cause for the delay in removing him had been shown. The judge refused the application, as a clerical error had been a reasonable cause and the claimant sought judicial review. The Divisional Court, in allowing the application, held that the judge had not adopted the requisite rigorous approach. As it was not obvious that there had only been one decision open to the judge, the matter was remitted for reconsideration by a different judge.

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