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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL Friday, 7th October 2011 |
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B e f o r e :
Between:
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ERNEST-FRANCISC BOHM | Appellant | |
v | ||
ROMANIAN JUDICIAL AUTHORITY | Respondent |
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Mr James Hardy QC and Mr Myles Grandison (instructed by the Crown Prosecution Service) appeared on behalf of the Defendant
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Crown Copyright ©
'Entitled' as a matter or ordinary language must mean 'has the right under law'. It is the law of the requesting state which either confers or does not confer that right. It is a right which must be conferred, not merely the possibility of asking the court to exercise a discretion."
As counsel has said, put shortly, the right has to be automatic, and cannot be automatic if it is subject to the exercise of discretion, since the discretion might be exercised against retrial.