Michaelmas Term  UKSC 4
On appeal from:  EWHC 2907 (Admin)
Louca (Appellant) v A German Judicial Authority (Respondents)
(Criminal Appeal from Her Majesty?s High Court of Justice)
Lord Hope, Deputy President
JUDGMENT GIVEN ON
19 November 2009
Heard on 29 July 2009
Conor Quigley QC
John R W D Jones
(Instructed by Cartwright King Solicitors)
James Lewis QC
(Instructed by Crown Prosecution Service)
Article 1(1): The European arrest warrant is a judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order.
Article 2(1): A European arrest warrant may be issued for acts punishable by the law of the issuing Member State by a custodial sentence or a detention order for a maximum period of at least 12 months or, where a sentence has been passed or a detention order has been made, for sentences of at least four months.
Article 8(1): The European arrest warrant shall contain the following information set out in accordance with the form contained in the Annex:
(a) the identity and nationality of the requested person;(b) the name, address, telephone and fax numbers and e-mail address of the issuing judicial authority;(c) evidence of an enforceable judgment, an arrest warrant or any other enforceable judicial decision having the same effect, coming within the scope of Articles 1 and 2;(d) the nature and legal classification of the offence, particularly in respect of Article 2;(e) a description of the circumstances in which the offence was committed, including the time, place and degree of participation in the offence by the requested person;(f) the penalty imposed, if there is a final judgment, or the prescribed scale of penalties for the offence under the law of the issuing Member State;(g) if possible, other consequences of the offence."
The annexed form contains boxes for completion, including:
(b) Decision on which warrant is based:1. Arrest warrant or judicial decision having the same effect: …..Type: ……..2. Enforceable judgement: …………….Reference: ………….."
"(f) Other circumstances relevant to the case (optional information):(NB This could cover remarks on extraterritoriality, interruption of periods of time limitation and other consequences of the offence)…………"
"If any criminal court at any time has cause to suspect that a prosecutor may be manipulating or using the procedures of the court in order to oppress or unfairly to prejudice a defendant before the court, I have no doubt that it is the duty of the court to inquire into the situation and ensure that its procedure is not being so abused. Usually no doubt such inquiry will be prompted by a complaint on the part of the defendant. But the duty of the court in my view exists even in the absence of a complaint."