Louca v Public Prosecutor In Bielefel, Germany: Admn 27 Nov 2008

The defendant objected to the extradition order, saying that the European arrest warrant relied on did not disclose other warrants issued for the same offences.
Held: The Act required the warrant to be validated by the issuing national court. It was not required that it include reference to earlier warrants. The Act should be read to comply with the Framework decision. The case of Jaso should not be followed.

Judges:

Dyson LJ, Pitchford J, Gross J

Citations:

[2008] EWHC 2907 (Admin)

Links:

Bailii, Times

Statutes:

Extradition Act 2003 2, Council Framework Decision 2002/584/JHA (OJ 2002 No L190/1)

Jurisdiction:

England and Wales

Citing:

Incorrectly decidedJaso and others v Central Criminal Court No.2 Madrid Admn 14-Dec-2007
The Madrid Court had issued European Arrest Warrants against the three appellants on charges of membership of a criminal organisation and terrorism. The appellants had unsuccessfully challenged extradition before the District Judge on a large number . .

Cited by:

Appeal fromLouca 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 . .
Lists of cited by and citing cases may be incomplete.

Extradition, European

Updated: 21 July 2022; Ref: scu.278306