Extradition to Italy to serve a prison sentence

July 1, 2010

We represented a client seeking to to resist his extradition to Italy to serve a sentence in respect of a conviction made in his absence. We successfully persuaded the Court of Appeal this case was highly unusual and that it would not be in the interests of justice to return our client to Italy where he had no right of appeal against a sentence imposed by a court that had not been in full possession of the facts. They accepted that, in the special circumstances, our client was entitled to urge on the court that in consideration of his human rights and domestic law standards of justice he should have the opportunity to have his sentence reviewed. Given that he had no right of appeal, if the court were to return him it would be responsible for him serving a sentence that was longer than the justice of the case required.