| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 74 (Jan) |
| Court: | Queen's Bench Division, Divisional Court |
| Judge: | Latham LJ and Cooke J |
| Representation | John Jones (instructed by Lawrence & Co) for the appellant. |
| Ben Lloyd (instructed by the Crown Prosecution Service) for the requesting authority. | |
| Judgment Dates: | 17 January 2008 |
Catchwords
Extradition - Extradition hearing - European arrest warrant - Extradition offence - Appellant given aggregate sentence for three offences - One of the offences not an extraditable offence - Whether appellant having to be discharged - , 65(3).
The Case
Where the appellant had been sentenced to an aggregate sentence following a conviction for three offences where two were extraditable offences and one was not, the district judge had been wrong not to discharge the appellant. There was no way in which the court could determine the extent of which the aggregated sentence reflected the sentence which the court of the requesting state thought appropriate for the non-extraditable offence and therefore s2(6)(e) and 65(3) of the could not be satisfied.
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