Crown Prosecution Service, R (on the application of) v Kumbaro

In deciding whether to grant bail pending extradition proceedings, the court must assess the current risk of absconding and balance it against the circumstances favouring release. Relevant considerations include the respondent’s conduct while at liberty, the seriousness of the allegations, personal circumstances, and the security available to secure attendance. Bail may be granted on stringent conditions, including residence, financial security, reporting, passport restrictions and electronic tagging. If circumstances materially change, particularly if the underlying extradition proceedings are resolved adversely to the respondent, the prosecution may seek to revisit bail.

The Crown Prosecution Service, acting for the Albanian Government, challenged the bail decision of District Judge Riddle in extradition proceedings concerning the respondent, who was alleged to be Iliya Kumbaro and to have committed serious offences in Albania. The District Judge had granted bail despite finding that the respondent was Kumbaro and had falsely claimed another identity.

The earlier extradition proceedings had been abandoned after a warrant was withdrawn, but fresh proceedings followed. The respondent had remained at liberty between December 2009 and his rearrest in August 2010. The central issue was whether bail remained appropriate and, if so, what conditions were required.

1. Bail granted, with more restrictive conditions. The court accepted that the balance of risk favoured release at that stage, notwithstanding the seriousness of the allegations, the respondent’s disputed identity and the possibility that asylum and citizenship had been obtained on a false basis.
2. The assessment focused principally on the risk of absconding. The respondent had remained at liberty for several months after fresh extradition proceedings were initiated and had not absconded. His age, health problems and the substantial interests he would lose by leaving the United Kingdom were also relevant.
3. The District Judge’s conditions were retained: residence at the specified address, £10,000 cash security, regular reporting to Fulham Police Station, and retention of the passport with no application for international travel documents.
4. The High Court added a condition requiring continuous electronic tagging. The respondent was not to be released until the tagging arrangements were complete.
5. The grant of bail was necessarily subject to change. If the difficulties in the Albanian proceedings, or in proceedings founded on the Albanian warrant, were resolved adversely to the respondent, the prosecution could apply to reconsider the bail conditions.

• District Judge Riddle: In March 2009, found that the respondent was Iliya Kumbaro. On the later extradition proceedings, granted bail on conditions.
• High Court (Administrative Court): Varied the bail conditions by adding continuous electronic tagging, while retaining the existing conditions.