Roger Giese faces extradition again
On 14 August 2017, DJ Margot Coleman, sitting at Westminster Magistrates’ Court, sent the request for Mr Giese’s extradition to America to the Secretary of State (“SSHD”).
This is the second bid from the US Government to have Mr Giese extradited
The first set of proceedings started in 2014. Mr Giese argued that his extradition would be in breach of his Article 5 (right to liberty and security) human rights. In 20 US States, once a convicted person has served their sentence they can be made subject to a form of indeterminate confinement in a secure facility, known as a civil commitment order. He succeeded in this argument and DJ Coleman refused his extradition. The US Government appealed against this decision to the High Court.
The High Court gave the US Government an opportunity to seek an assurance that they would not seek a civil commitment order against Mr Giese if he was convicted. The US Government gave an assurance but it was deemed to be unsatisfactory as it was a qualified assurance. The appeal was dismissed. The US Government then applied to certify two questions and/or to reopen the appeal, but this application was dismissed by the High Court as they recognised that it was an attempt by the US Government to “have a second go” at a revised form of assurance, and was not a proper use of Criminal Procedure Rule 50.27.
The US Government re-issued the warrant for Mr Giese for the same offences he was previously sought for, with a revised assurance. DJ Coleman accepted that this assurance meant that there is no longer a real risk that his Article 5 rights will be in breach.
Unlike criminal proceedings in this jurisdiction, it is usually considered entirely proper for Governments and Judicial Authorities to re-issue warrants if their bid for extradition fails the first time. Criminal Practitioners may question whether this sits well with established principles of dual criminality and/or the need for finality in litigation. Mr Giese’s current legal representative argued that the re-issued warrant was “unfair and oppressive”, and we anticipate this will soon be considered again at the High Court.
Errors made by the media
The BBC and other news outlets have reported that he has two weeks to appeal. This is incorrect. Mr Giese’s legal representatives now have 4 weeks to make written representations to the SSHD to prevent his extradition. In most cases, the SSHD will decide in favour of extradition if the Court sends the request to them (the case of Gary McKinnon being such an exception). The SSHD has to make the decision within two months, and if extradition is ordered Mr Giese will then have the opportunity of lodging an appeal to the High Court within two weeks from that decision.
Please contact us on 0207 388 1658, or email email@example.com if you wish to discuss your extradition matter with us further, or to find out whether you would be eligible for legal aid for extradition matters. We have a dedicated team of lawyers specialising in extradition who are here to help you.
Cheryl Low, SolicitorRead More