Extradition – whether 40 day rule applies: Lord Advocate v Renata Havrilova [2011] HCJAC 113

2 December 2011

If a person charged in summary proceedings is detained for a total of more than 40 days after the bringing of the complaint without being brought to trial then (unless the Court has extended the period) he must be liberated and is free from any further proceedings for that offence. The question arising in this case was whether or not this rule applied to extradition proceedings. The High Court of Justiciary held that it did not.

W. James Wolffe QC of Axiom Advocates represented the Lord Advocate on  behalf of the Slovak Republic. 

http://www.scotcourts.gov.uk/opinions/2011HCJAC113.html