The failure of the warrant to accurately depict the conduct for which the requested person’s return was sought rendered the warrant invalid. Applying the ratio from the decision in R. (on the application of Castillo) v Spain [2004] EWHC 1676 (Admin), [2005] 1 W.L.R. 1043 to the validity provisions of the Extradition Act 2003 s.2 in the context of the validity of European arrest warrants, courts in the United Kingdom should assess whether the conduct described in the warrant was a proper, fair an ...
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The CPS, acting on behalf of the applicant Polish judicial authorities, applied to strike out appeals brought by the respondents against extradition orders. K's notices of appeal contained no grounds of appeal. The CPS submitted that the language of the Extradition Act 2003 s.26(4) meant that a notice of appeal that did not specify any grounds of appeal, or any grounds raising or purporting to raise a question under s.27(3) of the Act, was invalid. Application refused. (1) There was no statutory ...
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The Appellant (C) appealed against a decision of the district judge ordering her extradition to the respondent requesting state, Poland. C had been convicted of five offences of burglary, one domestic and four commercial, in which a considerable amount of property had been stolen. By the time her conviction was upheld on appeal, she had moved to the United Kingdom, having left her son (J) in his grandmother's care. J joined C in the UK in 2008 when he was six years old. He exhibited some learnin ...
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The Appellant (K) appealed against a decision of the district judge ordering his extradition to the respondent requesting state, Poland. K had been convicted in Poland of drugs offences and was sentenced to terms of six and 18 months' imprisonment. He did not surrender to custody but instead came to the United Kingdom. A European arrest warrant was subsequently issued, seeking his return to serve the outstanding prison sentence, and the district judge ordered his return to Poland. K contended th ...
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The Appellant (‘P’) is of Roma ethnicity and resisted his return on the basis of his ethnicity and the consequences that he would face upon return based upon his ethnicity, including violence during the serving of his sentence. He relied upon section 13 of the Act and Article 2. Dismissing the appeal, the Court affirmed previous authorities in that a violation of Article 2 or Article 3, namely, that such a case will not be made out if there is a sufficiency of protection by the authorities to ad ...
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A passage of time argument raised by H failed on the basis that the effects of delay were of H's own choice and making. There was nothing wholly exceptional about the case and the Canadian jurisdiction to which H would be returned was plainly fully equipped with all necessary procedural resources to deal with any risk of unfair trial resulting from the long passage of time since the material events. However, Canada failed to establish to the standard required that the conduct alleged, if transpo ...
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The refusal to allow an offender to plead guilty, in United Kingdom criminal proceedings, to allegations contained in an European arrest warrant which were of a similar, general nature did not constitute an abuse of process. The two sets of offences were only linked, in generality, by the nature of the offending and his extradition did not offend the rule of double jeopardy.
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The claimant Turkish national (C) sought judicial review of the defendant magistrates' court's refusal to order his discharge following failure to open the extradition hearing within the time required by the Extradition Act 2003 s.75(4). HELD: Application refused. Section 116 did not purport to restrict the right to apply for judicial review, it restricted the manner of recourse to the court. The judge's refusal to order a person's discharge under s.75(4) was not a decision for the purposes of s ...
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The appellant Polish national (M) appealed against an order requiring him to be extradited to Poland. The Polish judicial authority had issued a European arrest warrant for M's arrest and extradition in respect of convictions by Polish criminal courts for which he had received a 12-year sentence. The warrant contained a number of inaccuracies in that it incorrectly particularised convictions, including those for which M had been acquitted, and failed to clearly identify the dates and court of th ...
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Poland appealed against a decision of the district judge refusing to order the extradition of the respondent (W). The time to give notice of appeal under the Extradition Act 2003 s.28 expired on April 19, 2010. On April 16, the Polish judicial authorities faxed to W's solicitors an unsealed notice of appeal and supporting documentation. On April 19, notice of appeal in the same form was filed with the Administrative Court. The following day, one day after the expiration of the permitted period u ...
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