Richard's Consti & Theory Blog

This is where I post my (fairly random) thoughts on issues I come across in Constitutional Law, and in Legal Theory more generally. I need to make clear that the contents of this Blog are no-one else's responsibility (except where law dictates), and that no trees died in the making of this part of the blogosphere. I may try to be witty ...

Friday, July 28, 2006

The Devil and the Deep Blue Sea

We learn that Abu Hamza has been given leave [=permission] to appeal.

(I'm staying off the merits - I don't want to be the one who finds out whether the Contempt of Court Act 1981 applies to Blogs)

I wonder whether this is wise - tactically, I mean. I can see that it is arguable (as Sir Igor Judge said) that the circumstances of his prosecution might benefit from appellate discussion - but what if he's successful ? Then the Americans will want him extradited, and he'll be back in prison while that's worked out. He will say 'Human Rights' and the USA will make promises about what they will/not do (eg send him to Gitmo). Embarrassing, but he'd presumably still be extradited (see the NatWest Three), and if convicted by a USA judge (no comment) would surely be sentenced to a lot more than his UK 7 years (3-4 years allowing for parole etc).

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