Finch v France

May 23, 2009 | No Comments

The appellant, who had served a sentence for armed robbery in the UK, appealed against a decision of a district judge that it would not be oppressive to order his extradition to face allegations in relation to a murder committed six year previously. It was submitted that as the co-defendant was still serving a sentence for the robbery in the UK there may be further delay and that the appellant had come to develop a sense of security that he would not be prosecuted. The appeal was dismissed: while the French courts were obliged under ECHR, art 6 to deal with the case in a reasonable time the significant time in the present case was the time from the appellant’s release from prison as he could not have been extradited during his time in UK custody.

Report here: Finch v France (60)

Art. 06 Right to a Fair Trial, Extradition Law

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.