QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|REGIONAL COURT IN LUBIN POLAND||Defendant|
|KOSALIN DISTRICT COURT||Defendant|
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MISS K TYLER (instructed by CPS Extradition Unit) appeared on behalf of the Defendant
MR M HENLEY (instructed by Chris Clark Solicitors) appeared on behalf of the Claimant WIERZBICKI
MS H PYE (instructed by CPS Extradition Unit) appeared on behalf of the Defendant
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"No written ruling is necessary in this case. I accept all that Miss Soule says in her response to Mr Henley's written submissions. None of the technical points are valid and some are nonsense".
"I do not accept the defence submission as being correct. S. 2 of the Act does not require an EAW to be exclusively an accusation or exclusively a conviction warrant. Mr Henley was unable to point to any reason as to why such an exclusivity requirement should be 'read into' Section 2. The authorities to which I am referred did not address the question of whether a mixed warrant, in which it is clear whether each matter is a conviction or an accusation, can be valid and cannot properly be read as doing so. That such an issue has not been raised or decided in the eight years of a much-examined statue being in force does not, of course, necessarily mean it is without merit. Many EAWs contain both accusation and conviction matters and many such warrants have come before the High Court on appeals on other points. In none of these cases did the existence of both accusation and conviction matters within the same warrant cause comment or concern in the High Court."
"(2) A Part 1 warrant is an arrest warrant which is issued by a judicial authority of a category 1 territory and which contains -
"(a) the statement referred to in subsection (3) and the information referred to in subsection (4), or.
"(b) the statement referred to in subsection (5) and the information referred to in subsection (6)."
"It is certainly correct that the statute draws this important distinction [between conviction and accusation]. However, I am unable to accept that section 2 imposes a requirement that an extradition warrant be issued either in respect of an accusation or a conviction matter and I am unable to accept the submission that it is not possible to contain both in the same warrant. There is nothing in the wording of subsection (2) which leads to that conclusion. The use of the word "or" simply makes clear that separate requirements exist for accusation and conviction cases and there is nothing here to suggest that separate warrants would have to be issued in respect of accusation and conviction cases."
"1. The European arrest warrant shall contain the following information set out in accordance with the form contained in the Annexe:
"(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 with 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."
"Part I of the 2003 Act did not effect a simple or straightforward transposition, and it did not on the whole use the language of the Framework Decision. But its interpretation must be approached on the twin assumptions that Parliament did not intend the provisions of Part I to be inconsistent with the Framework Decision and that, while Parliament might properly provide for a greater measure of cooperation by the United Kingdom than the Decision required, it did not intend to provide for less."
My Lord Hope at paragraph 24 said:
"But the liberty of the subject is at stake here, and generosity must be balanced against the rights of the persons who are sought to be removed under these procedures. They are entitled to expect the courts to see that the procedures are adhered to according to the requirements laid down in the statute. Unfortunately this is not an easy task, as the wording of Part I of the 2003 Act does not in every respect match that of the Framework Decision to which it seeks to give effect in domestic law. But the task has to be approached on the assumption that. where there are differences, these were regarded by Parliament as a necessary protection against an unlawful infringement of the right to liberty."
He identified two particular matters which would result in an order for discharge in paragraph 28:
"...If the warrant does not conform to the requirements set out in section 2, it will not be a Part I warrant within the meaning of that section and Part I of the Act will not apply to it. And if the offence that it describes is not an extradition offence within the meaning of section 64 or 65, as the case may be, the judge must order the person's discharge: section 10(3). In either of these two situations there is no way back for the judicial authority of a category 1 territory..."
"...Article 8 of the Framework Decision, as Mr Henley accepts, does not distinguish in the manner provided for in section 2 of the Act between accusation and conviction cases. Moreover, the pro forma warrant which is annexed to the Framework Decision contains nothing which would appear to support the view that accusation and conviction offences may not be combined in the same warrant and Mr Henley accepts that they may be..."
I share his conclusion that there is no principled objection to a warrant containing both a conviction and an accusation matter.