QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE COLLINS
|MINISTER OF JUSTICE FOR LITHUANIA||Defendant|
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Ms M Cumberland (instructed by the CPS) appeared on behalf of the Defendant
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"Following the second discharge the defendant should have been free to go. I conclude that the recertification of the second warrant should not have occurred and did not achieve in law what was intended (see section 213). It was done so that the case could start again. The course of conduct could have been abusive if known to be unlawful and done to detain the defendant. That is unlikely. In accordance with the case of Tollman the obligation to embark upon an enquiry is if I suspect abuse. I do not suspect it. The defence cannot put before the court any material to support the conduct of the Crown Prosecution Service and SOCA as being abusive, but suggest that enquiries should be made regarding the decision to reissue. It is also contended that once it was realised it was unlawful it should have been listed and the failure to act was abusive.
To seek to discover motives for the decision to reissue is likely to be of no value. I would expect the Crown Prosecution Service and SOCA to be honest but pragmatically I think it unlikely they will admit to acting dishonestly. The decision was made to reissue the warrant. My sense is that they were doubtful. There can be criticism of the CPS in seeking not to immediately list the case which could have been in the defendant's absence. He could then have been discharged. I do not consider that this failure was to manipulate the proceedings. I do not regard this as an abuse. The defendant has been convicted at trial in his presence. He has received a sentence and this is request for him to return to complete it. No criticism can be made of Lithuania. This was an attempt to comply with, not to manipulate, procedures in the United Kingdom. A new warrant has been issued which is valid and what happened before is no more than unfortunate. I reject the claim for abuse."