QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE MADDISON
|DEPUTY ATTORNEY GENERAL COURT OF APPEAL OF DOUAI FRANCE||Defendant|
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Ms K Tyler (instructed by Crown Prosecution Service) appeared on behalf of the Defendant
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LORD JUSTICE AIKENS:
The history of the case
Issues on appeal
(1) The EAW was not valid within the meaning of section 2 of the Act. It is said that the absence of a date of the original conviction of the appellant and the absence of a date (or a range of dates) for the criminal conduct of which he was convicted rendered this EAW invalid within the meaning of section 2(6)(b) of the Act;
(2) This means that he will not have benefit of the protection of the "specialty" provisions; and
(3) Surrender would be contrary to the appellant's rights under Article 8 of the European Convention on Human Rights because he should be able to exercise his rights to serve his sentence in the United Kingdom, and that was being denied him by the French authorities.
First Issue: Was the EAW issued by a "judicial authority"?
Issue Two: Lack of particularity as to offences?
2. Part 1 warrant and certificate
(1)This section applies if the designated authority receives a Part 1 warrant in respect of a person.
(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)...
(5)The statement is one that—
(a)the person in respect of whom the Part 1 warrant is issued [F1has been convicted] 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.
(6)The information is—
(a)particulars of the person's identity;
(b)particulars of the conviction;
(c)particulars of any other warrant issued in the category 1 territory for the person's arrest in respect of the offence;
(d)particulars of the sentence which may be imposed under the law of the category 1 territory in respect of the offence, if the person has not been sentenced for the offence;
(e)particulars of the sentence which has been imposed under the law of the category 1 territory in respect of the offence, if the person has been sentenced for the offence.
Issue Three: Article 8 Rights infringed and proportionality
"...only if some quite exceptionally compelling feature or combination of features is present that interference with family life consequent upon extradition will be other than proportionate to the objective that extradition serves."