Extradition to the United States and sentencing disparity: scope of judicial review of surrender decisions

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🇬🇧 Summary

The High Court of New Zealand reviewed the lawfulness of a ministerial decision ordering surrender to the United States, focusing on whether all relevant factors had been properly considered. In particular, the Court examined the significance of the disparity between the potential sentence in the requesting State and the sentence likely applicable under domestic law. While reaffirming the limited scope of judicial review in extradition matters, the Court held that surrender decisions must adequately address proportionality concerns and may be set aside where relevant considerations — including sentencing consequences — have not been properly evaluated.

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