Bye (Appellant) v Government of Sint Maarten (Respondent)

Case summary

Case ID

UKSC/2025/0041

Parties

Appellant(s)

Omax Bye

Respondent(s)

The Government of Sint Maarten

Issue

What is the correct interpretation of the words “extradited to the territory to which his extradition is requested” in s.93(4) of the Extradition Act 2003?

Facts

This case is about whether it is an abuse of process to allow for the extradition of a person to a country different to that which is requesting extradition. On 16 April 2011 an individual was shot and later died in a snack bar in Sint Maarten, a Caribbean Island next to the British Virgin Islands. On 27 January 2012, Sint Maarten requested Mr. Bye’s extradition from St Kitts in relation to the murder, however this was withdrawn due to a lack of funds. On 25 February 2022, Mr. Bye arrived in the United Kingdom. On 30 March 2022, Sint Maarten issued a provisional arrest request, followed by an extradition request on 12 May 2022. The request stated that Mr Bye would be extradited to Sint Maarten, however it was confirmed later that the intention was for his trial and imprisonment to take place in Holland (Sint Maarten forming an autonomous country with the Kingdom of the Netherlands). Although ultimately within the responsibility of Sint Maarten, the Appellant will be subject to the rules of the prison he is in. On 6 January 2023, SDJ Goldspring ordered Mr. Bye’s extradition to Sint Maarten. On 7 February 2025, Kerr J dismissed Mr. Bye’s appeal, certified the case involved a point of law of general public importance. Mr. Bye now appeals to the Supreme Court.

Date of issue

13 March 2025

Case origin

PTA

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