The claimant sought habeas corpus. The Swedish authorities had issued a European Arrest Warrant for his extradition. He submitted that the authority issuing the warrant in Sweden did not amount to a ‘judicial authority’ because it would not be so recognised within the UK.
Held: The request failed: ‘in all the circumstances, the expression ‘judicial authority’ in section 2(2) must be read against the background of the Framework Decision and what it was intended to put in place. The Framework Decision leaves to the individual member state the right to designate its own judicial authority . . it is left to the member states to use their own discretion as to what will or will not be designated the appropriate judicial authority.’
Gage LJ, Openshaw J
[2005] EWHC 3036 (Admin), [2006] 1 CMLR 37
Bailii
Extradition Act 2003 2(2) 2(5)
England and Wales
Citing:
Cited – Regina v Bow Street Magistrates’ Court ex parte Van der Holst 1986
. .
Cited by:
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 . .
Lists of cited by and citing cases may be incomplete.
Extradition
Updated: 24 December 2021; Ref: scu.539973
