Extradition request from Japan certified: challenge to special extradition arrangements and diplomatic request rejected

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🇬🇧 Summary

The case concerned judicial review challenges to the Secretary of State’s certification of Japan’s first extradition request to the United Kingdom, made under special extradition arrangements because no extradition treaty existed between the two States. The requested persons argued that the request was invalid because it had been issued by the Japanese National Police Agency rather than by the Government of Japan, contrary to the Memorandum of Cooperation, and because the diplomatic notes from the Japanese Embassy could not themselves constitute a valid extradition request. The Divisional Court rejected those arguments, holding that the Embassy notes expressly made or renewed a request for extradition on behalf of the Government of Japan and that the supporting police documents could properly be relied upon as part of the request. The Court further held that a formal diplomatic note issued by the Embassy could be treated as emanating from the Ambassador, acting as the diplomatic representative of Japan, and therefore satisfied the “approved way” requirement under section 70 of the Extradition Act 2003. The judicial review claim was dismissed, leaving the certification of the extradition request in place.

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