Source: All England Reporter
Publisher Citation: [2008] All ER (D) 253 (Jun)
Neutral Citation: [2008] EWHC 3626 (Admin)
Court: Queen's Bench Division, Divisional Court
Judge:

Richards LJ and Mackay J

Representation The appellant did not appear and was not represented.
  Mark Weekes (instructed by the Crown Prosecution Service) for the requesting judicial authority.
Judgment Dates: 19 June 2008

Catchwords

Extradition - Hearing - Extradition offence - European arrest warrant - Validity - Warrant failing to specify length of sentence still to be served - Whether invalidating warrant - Extradition Act 2003, s 2(6)(e).

The Case

Extradition Hearing. The court rejected the appellant's argument that one of the European arrest warrants issued for his extradition was not valid in that it failed to reflect that he had served six months in custody on remand and that the district judge should have requested further information from the Polish authorities. There was no basis for going behind what was in the European arrest warrant as the additional detail would not go to the validity of the warrant even if the appellant was right that he had served six months in custody on remand.

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