United Kingdom v Forsyth (No 3) [2003] FCA 1097

FEDERAL COURT OF AUSTRALIA

United Kingdom v Forsyth (No 3) [2003] FCA 1097

EXTRADITION – judicial review – bail order – jurisdictional error – quashing of bail order – previous remand in custody in effect – implementation orders UNITED KINGDOM v CHARLES ALISTAIR FORSYTH AND ANOTHER W203 OF 2003 FRENCH J 10 OCTOBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W203 OF 2003

BETWEEN: UNITED KINGDOM

APPLICANT

AND: CHARLES ALISTAIR FORSYTH

FIRST RESPONDENT

HIS WORSHIP MR ROBERT BLACK

SECOND RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 10 OCTOBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. It is hereby declared that the order of the learned stipendiary magistrate of 22 August 2003 under s 15(2) of the Extradition Act 1988 (Cth) whereby he remanded the first respondent in custody, remains in effect. 2. The first respondent is to surrender himself, no later than 4pm on 10 October 2003, into his former custody in accordance with the written direction of the Commonwealth Director of Public Prosecutions as to the place and manner of that surrender. 3. In the event that the first respondent fails to comply with the preceding order he may be taken into custody pursuant to the learned magistrate's order of 22 August 2003 provided that if the first respondent is in hospital at the time arrangements may be made for him to be taken into custody at, and to remain in, the hospital, until fit to be removed to a remand prison. 4. A copy of this order is to be served on the first respondent as soon as practicable. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W203 OF 2003