Scott v Israel

• Jurisdiction: Israel
• Date: 29 January 1970
• Court: Supreme Court (Israel)

Israel, Supreme Court sitting as a Court of Criminal Appeal

Scott

and

State of Israel

The individual in international law Extradition Extraditable crimes Expulsion of aliens Federal system Distinction between Federal and State laws Surrender of person for offence under laws of a particular State United States-Israel Extradition Treaty The law of Israel

Summary: The facts.This was an appeal against an extradition order made by the District Court in respect of offences with which the appellant was charged in the State of California. The court was informed that in the meantime he had been in breach of a condition of bail that he should report to the police, and had departed for Greece on a forged passport.

Held: A person could be extradited to the United States for an offence under the laws of a particular State as distinct from a Federal offence. The breach of the condition of bail and absconding could be regarded as indicative of the desire that the appeal should not be heard.

The following is the text of the judgment:

On 4 December 1969, the Tel Aviv District Court decided that the appellant was extraditable to stand trial for offences with which he was charged in a court of the State of California in the United States of America, for importing and having possession of dangerous drugs. After that decision was given, the Court granted an application to release him on bail, subject to the condition that the appellant should report daily to the police, until the hearing of an appeal he was about to file against the extradition decision. The appellant indeed lodged an appeal, which was begun to be heard by this Court on 19 January 1970. On that occasion we heard the submissions of counsel for the appellant and decided to ask counsel for the State to reply to one only of these submissions; whether a person can be surrendered to the United States' authorities for an offence he has committed under the laws of one of the States of that country, as distinct from a federal offence. Because of the late hour, the hearing was adjourned until today for us to hear the reply of counsel for the State to this question.

When the matter came on for hearing today, counsel for the State informed us that in the meantime the appellant had been in breach of the condition regarding his reporting to the police and had moreover fled to Greece on a forged passport and was there in detention. On the basis of this fact counsel for the State asked that the appeal should be dismissed.

In...