P.B. v. HER MAJESTY'S ADVOCATE

[2] In the application, it is asserted that a compatibility issue arises and it is said that there requires to be an appeal to the Supreme Court:

"....to obtain clarification on what factors a court is obliged to consider and its obligations if information is not placed before it, to ensure that it is acting compatibly with the Convention rights of children affected by extradition."

Thus put, the purpose of the application would appear to be to seek to have the Supreme Court determine a list of factors which the court must always consider in relation to a child's interests and also to specify what the court is obliged to do if inadequate information is provided.

[3] The incompatibility is said to be in relation to the investigation of facts and circumstances relating to the welfare of children likely to be affected by the extradition of a parent or parents. The application relies, in that regard, on what was said about the investigation of children's interests in extradition cases by Lady Hale in the case of HH v Deputy Prosecutor of the Italian Republic, Genoa; PH v Deputy Prosecutor of the Italian Republic; F -K v Polish Judicial Authority [2] In her opinion, counsel puts the matter this way:

"The issue to be determined is whether a court should decide if extradition is compatible with the Article 8 rights of children who risk the loss of the sole or primary carer by reference only to the information placed before it by parties or whether the Court should seek other relevant information when determining the issue of proportionality."