Demiray v HM Prison Holloway

An applicant who seeks judicial review or habeas corpus relief must attend the hearing or ensure that the claim is properly represented. Where the applicant fails to appear, provides no supporting evidence for the pleaded grounds, and does not respond to enquiries about representation, the court may dismiss the claim for failure to pursue it.

The claimant challenged his detention under an order for committal on conditional bail made by Bow Street Magistrates’ Court while extradition proceedings were pending. He alleged delay by the Turkish authorities in seeking his extradition and arrest. The claimant did not attend the hearing and was not represented. Two medical notes were provided, but no supporting statement had been filed. The court considered whether the application should be adjourned and whether a writ of habeas corpus should issue.

1. The claimant’s application concerned an adjournment and a writ of habeas corpus in relation to detention pending the Secretary of State’s response to an extradition request.
2. The pleaded challenge relied on alleged delay, but the claimant had provided no supporting statement. The medical notes supplied to the court did not explain his failure to attend or establish that the claim was being actively pursued.
3. The claimant was neither present nor represented. The court made enquiries of the person identified in correspondence, but received no response by 12.45 pm. That was ample time, in the circumstances, if the claim was being seriously pursued.
4. Mr Justice Moses dismissed the claim because the claimant had failed to appear to pursue it. Mr Justice Richards agreed. No further application was made.