The defendant sought to appeal his extradition to Spain to face terrorism charges. He complained that the certificate required under the 2003 Act could not be the European arrest warrant itself, that the offence did not satisfy the double actionability rule and that the warrant did not set out the text of the law under which his extradition was sought.
Held: The defendant’s appeal was dismissed. The intention of the framework decision was to simplify and speed up extradition, with provisions for supplementary informatin to be provided direct between the courts involved. The Act required that a certificate be signed by a judge or officer to establish its reliability. The warrant included the required information. The court should be reluctant to add requirements not to be found in the Act or the Framework decision. (Lord Scott dissenting).
Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Scott of Foscote, Lord Brown of Eaton-under-Heywood, Lord Mance
[2007] 2 WLR 254, [2007] 2 All ER 641, [2007] 2 AC 31, [2007] UKHL 6, Times 05-Mar-2007
Bailii
Extradition Act 2003 64(2)(b), Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between member states 2002/584/JHA; OJ 2002 L190
England and Wales
Citing:
Appeal from – Dabas v The High Court of Justice Madrid Spain Admn 4-May-2006
The defendant complained that the European arrest warrant under which he was held was not effective since it did not certify or specify an extradictable offence.
Held: Provided the relevant material required by the statute was clearly set out . .
Cited – Criminal proceedings against Pupino ECJ 16-Jun-2005
ECJ (Grand Chamber) Police and judicial cooperation in criminal matters – Articles 34 EU and 35 EU – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Protection of vulnerable . .
Cited – Office of the King’s Prosecutor, Brussels v Cando Armas and others HL 17-Nov-2005
The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation . .
Cited – Advocaten Voor De Wereld (Police and Judicial Cooperation In Criminal Matters) ECJ 3-May-2007
Europa Police and judicial cooperation in criminal matters Articles 6(2) EU and 34(2)(b) EU Framework Decision 2002/584/JHA European arrest warrant and surrender procedures between Member States Approximation of . .
Cited by:
Cited – Hilali, Re; Regina (Hilali) v Governor of Whitewall Prison and Another HL 30-Jan-2008
The applicant had been detained pending his extradition. He complained that that continued detention became unlawful after fundamantal changes in the case. The telephone intercepts which were the basis of the extradition had been ruled unlawful and . .
Cited – Pilecki v Circuit Court of Legnica, Poland HL 6-Feb-2008
The defendant appealed against an extradition order made under a European Arrest Warrant to ensure that he served a sentence of imprisonment in Poland. The warrant was in respect of several sentences, some of which were for more and some for less . .
Cited – Norris v United States of America and others HL 12-Mar-2008
The detainee appealed an order for extradition to the USA, saying that the offence (price-fixing) was not one known to English common law. The USA sought his extradition under the provisions of the Sherman Act.
Held: It was not, and it would . .
Cited – Caldarelli v Court of Naples HL 30-Jul-2008
The appellant challenged his extradition saying that the European Arrest Warrant under which he was held wrongly said that he was convicted, whilst he said he was wanted for trial. He had been tried in his absence, and the judgment and sentence were . .
Cited – Louca v A German Judicial Authority SC 19-Nov-2009
The defendant resisted extradition saying that the European Arrest Warrant was defective in not revealing the existence of two earlier such warrants. He said that absence of such information would hinder a court which was concerned as to possible . .
Cited – Regina v Magro CACD 8-Jul-2010
Each defendant appealed against confiscation orders made when the sentence imposed was an absolute or conditional discharge. They said that Clarke made such orders unlawful.
Held: The decision in Clarke was a difficult limitation on the . .
Cited – Assange v The Swedish Prosecution Authority SC 30-May-2012
The defendant sought to resist his extradition under a European Arrest Warrant to Sweden to face charges of sexual assaults. He said that the prosecutor who sought the extradition was not a judicial authority within the Framework Decision.
Cited – Zakrzewski v The Regional Court In Lodz, Poland SC 23-Jan-2013
The appellant was subject to an extradition request. He objected that the request involved an aggregation of sentences and that this did not meet the requirement sof the 2003 Act. He had been arrested under the arrest warrant, but during his trial . .
Cited – Bucnys v Ministry of Justice SC 20-Nov-2013
The Court considered requests made by European Arrest Warrants for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of the European Union. The . .
Cited – Goluchowski and SAS v District Court and Circuit Court In Poland SC 29-Jun-2016
The appellants challenged the effectiveness of European Arrest Warrants, saying that the requests were deficient in not providing adequate details of warrants issued in support of the decisions. They had been convicted and sentenced to terms of . .
Cited – Konecny v District Court In Brno-Venkov, Czech Republic SC 27-Feb-2019
. .
Lists of cited by and citing cases may be incomplete.
Extradition
Leading Case
Updated: 10 January 2022; Ref: scu.249333
