R v. Plymouth Justices and Another, ex parte Driver

Abstract

Jurisdiction — Executive — Consequences of illegal arrest — Defendant wanted by police in England — Defendant detained in foreign State with which United Kingdom has no extradition treaty — Deportation to England in violation of law of deporting State — Whether disguised extradition — Whether authorities in foreign State acting at request of English police — Whether behaviour of English police improper — Jurisdiction of English courts — Whether circumstances of defendant’s return to England deprives courts of jurisdiction to try him — Discretion of court

Extradition — Conditions — Return of fugitive offender other than by extradition — Whether disguised extradition — The law of England