Orsos (Appellant) v Tribunal of Pecs and Buda Central District Court (Hungary) (Respondent)

Case summary

Case ID

UKSC/2024/1010

Parties

Appellant(s)

Miklos Orsos

Respondent(s)

Tribunal of Pecs and Buda Central District Court

Issue

Did the High Court err by: (1) In circumstances where an appeal to certify a point of law is out of time, finding that s.32 of the Extradition Act 2003 prevented it from considering whether an extension is nevertheless merited. (2) When assessing whether it would be oppressive to extradite due to a substantial suicide risk, considering as part of its assessment of “relevant circumstances” an examination of the seriousness of the offence for which extradition is sought.

Facts

This case is about whether, when deciding whether an individual should be extradited, the seriousness of the alleged offence is relevant when the alleged offender is also at risk of suicide. On 30 August 2023, the District Judge in Westminster Magistrates Court ordered the Appellant’s extradition to Hungary pursuant to four arrest warrants. These included: two convictions and two accusations for public disorder, assault and criminal damage on four separate occasions between 23rd July and 18 August 2021. On 29 October 2024, the Appellant appealed this decision, on the grounds that fresh evidence showed he was at risk of suicide if extradited, and this would have resulted in the District Judge denying the Appellant’s extradition on the grounds that it would be unjust or oppressive under s.25 of the Extradition Act 2003. The High Court denied the appeal, finding that the fresh evidence would not have changed the original decision if it were before it.

Date of issue

18 December 2024

Case origin

PTA

Appeal

Justices

Lord Lloyd-Jones

Lord Leggatt

Lady Simler

Permission to Appeal

Permission to Appeal decision date

24 February 2025

Permission to Appeal decision

Refused

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