Judgments - Caldarelli V Court of Naples (Criminal Appeal From Her Majesty's High Court of Justice)

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47.  Notwithstanding these problems and the doubts which they cause me, I am content to agree with the answer proposed by my noble and learned friend, Lord Bingham, which will provide certainty without depriving an appellant who has been tried in absentia of the fundamental safeguard of the Human Rights Convention. I would therefore hold that extradition was properly sought of the appellant as an accused person under 2(3) of the 2003 Act and dismiss this appeal.

 
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