QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE OPENSHAW
|IN THE MATTER OF|
|An Application for a writ of habeas corpus ad subjiciendum|
|And in the matter of the Extradition Act 2003|
|(1) THE GOVERNOR OF HER MAJESTY'S PRISON BRIXTON|
|(2) THE SWEDISH NATIONAL POLICE BOARD||(RESPONDENTS)|
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MR PETER CALDWELL AND MR BRIAN GIBBINS (instructed by Crown Prosecution Service) appeared on behalf of the DEFENDANT
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"A Part 1 warrant is an arrest warrant which is issued by a judicial authority of a category 1 territory and which contains...
(b) the statement referred to in subsection (5) and the information referred to in subsection (6)."
"The statement is one that-
(a) the person in respect of whom the Part 1 warrant is issued is alleged to be unlawfully at large after conviction of an offence specified in the warrant by a court in the category 1 territory, and
(b) the Part 1 warrant is issued with a view to his arrest and extradition to the category 1 territory for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence."
It is unnecessary in this judgment to set out the provisions of sub-section 2(6) of the 2003 Act.
"The objective set for the Union to become an area of freedom, security and justice leads to abolishing extradition between Member States and replacing it by a system of surrender between judicial authorities. Further, the introduction of a new simplified system of surrender of sentenced or suspected persons for the purposes of execution or prosecution of criminal sentences makes it possible to remove the complexity and potential for delay inherent in the present extradition procedures. Traditional cooperation relations which have prevailed up till now between Member States should be replaced by a system of free movement of judicial decisions in criminal matters, covering both pre-sentence and final decisions, within an area of freedom, security and justice.
(6) The European arrest warrant provided for in this Framework Decision is the first concrete measure in the field of criminal law implementing the principle of mutual recognition which the European Council referred to as the 'cornerstone' of judicial cooperation."
"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.
2. Member States shall execute any European arrest warrant on the basis of the principle of mutual recognition and in accordance with the provisions of this Framework Decision."
"(1) The issuing judicial authority shall be the judicial authority of the issuing member state which is competent to issue a European arrest warrant by virtue of the law of that state.
(2) The executing judicial authority shall be the judicial authority of the executing member state which is competent to execute the European arrest warrant by virtue of the law of that state.
(3) Each member state shall inform the General Secretariat of the Council of the competent judicial authority under its law."
"As to question of the competent judicial authority to issue a European Arrest Warrant.
With reference to the Framework Decision on the European Arrest Warrant Article 1(2) a 'member State shall execute any European arrest warrant on the basis of the principle of mutual recognition and in accordance with the provisions of the Framework Decision'.
According to Article 6(1) 'the issuing judicial authority shall be the judicial authority of the issuing Member State which is competent to issue European Arrest Warrant by virtue of the law of that state'.
According to Swedish Ordinance on the Surrender to Sweden according to a European Arrest Warrant issued on 18 December 2003, the sole Issuing Judicial Authority for the enforcement of a custodial sentence or other form of detention is the Swedish National Police Board. This was communicated on 19 December 2003 to the Council of the European Union in the Swedish Cover Note ...
According to the rules of procedure of the National Police Board, the issuing judicial authority is delegated to the Head of the International Liaison Office (Nationella sambandskontoret) or any 'Kommissarie' (ie Superintendent/Chief Inspector/Inspector) acting as Head of the Schengen or Interpol co-operation.
Mr Per-Uno Johansson is the Head of Sirene Sweden, and as such legally competent to issue a European arrest warrant in the name of the National Police Board.
Put simply, the National Police Board is the issuing judicial authority, Mr Per-Uno Johansson being its representative, exactly as point i) in the EAW in question indicates."
"A Part 1 warrant is an arrest warrant which is issued by a judicial authority of a Category 1 territory."
"A document issued in a category 1 or category 2 territory is duly authenticated if (and only if) one of these applies-
(a) it purports to be signed by a judge, magistrate or other judicial authority of the territory."
Mr Hardy submits that it would be very odd if the use of the words "judge, magistrate or other judicial authority" in that sub-section, which applies to the Part 1 and Part 2 categories, were to be construed in a different fashion from the term judicial authority in section 2 of the Act of 2003.