QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE HAMBLEN
|THE QUEEN ON THE APPLICATION OF HICKMAN||Appellant|
|GOVERNOR OF HMP WAYLAND||Respondent|
trading as DTI
8th Floor, 165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7404 1424
(Official Shorthand Writers to the Court)
Mr B Keith (instructed by the NCA) appeared on behalf of the Respondent
Crown Copyright ©
LORD JUSTICE LAWS :
"142. Issue of Part 3 Warrant.
(1) The appropriate judge may issue a Part 3 warrant" [I interpolate that is to say a European Arrest Warrant] "in respect of a person if
(a) a constable or an appropriate person applies to the judge for a Part 3 warrant, and
(b) the condition in sub-section 2 or the condition in sub-section 2A is satisfied."
(2A) The condition is that -
(a) there are reasonable grounds for believing that the person is unlawfully at large after conviction of an extradition offence by a court in the United Kingdom, and
(b) either a domestic warrant has been issued in respect of the person or the person may (if unlawfully at large as mentioned in paragraph (a)) be arrested without a domestic warrant."
"142(3) A part 3 warrant is an arrest warrant which contains -
(a) the statement referred to in sub-section(4) or the statement referred to in sub-section 5
"(5) The statement is one that -
(a) the person in respect of whom the warrant is issued [has been convicted] of an extradition offence specified in the warrant by a court in the United Kingdom, and
(b) the warrant is issued with a view to his arrest and extradition to the United Kingdom for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention posed in respect of the offence."
"68A. Unlawfully at large
1) A person is alleged to be unlawfully at large after conviction of an offence if —
(a)he is alleged to have been convicted of it, and.
(b)his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence."
"49. - Persons unlawfully at large.
(1) Any person who, having been sentenced to [imprisonment or custody for life or ordered to be detained in [youth detention accommodation or in a young offenders' institution], or having been committed to a prison or remand centre, is unlawfully at large, may be arrested by a constable without warrant and taken to the place in which he is required in accordance with law to be detained."
"49(3) The provisions of the last preceding subsection shall apply to a person who is detained in custody in default of payment of any sum of money as if he were sentenced to imprisonment."
"24. We are entirely satisfied that the default term (which the court is obliged to impose as a matter of law in such circumstances as part of the process of sentencing) forms part of the original sentence, since it is an integral part of the confiscation order which, it is common ground, is unarguably part of the original sentence."
"11. The Claimant submits that to allow confiscation to be part of an EAW would mean that default terms in lieu of fines would become extraditable and that offences that were not intended to be extraditable would become so. This would apply only to cases where a default term had been imposed of over 4 months' custody. This is a common phenomenon in EAW cases especially from Poland where suspended sentences are activated and extradition then requested. Where this has been proportionate the court has ordered extradition. For a recent example see Grzegorz Budzik v Regional Court of Tarnow, Poland (2015) EWHC 2856 (Admin).
12. The alternative consequence is that confiscation orders can be evaded by leaving the jurisdiction.
13. O'Brien. The case of O'Brien  UKSC."
"Whether a contempt of court was an extraditable offence as a separate offence, not as in this case where confiscation forms part of the original and sentence imposed."