Source: All England Reporter
Publisher Citation: [2010] All ER (D) 238 (Dec)
Neutral Citation: [2010] EWHC 3500 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Ouseley J (judgment delivered extempore)
Representation Mark Henley (instructed by the Central Law Practice) for the appellant.
  Mary Westcott (instructed by the Crown Prosecution Service) for the respondent.
Judgment Dates: 20 December 2010

Catchwords

Extradition - Extradition hearing - European arrest warrant - Extradition offence - Dual criminality - Driving when under the influence of drink - Appellant found to be driving whilst over legal breath-alcohol limit - Respondent issuing two European arrest warrants against appellant - First warrant concerned with alleged drink driving offence - District judge ordering appellant's extradition - Appellant contending offence alleged in first warrant not extradition offence - Whether requirement of dual criminality made out - s 4 - s 64.

The Case

Extradition Extradition hearing. The Administrative Court allowed the appellant's appeal against the first of two European arrest warrants, where it did not satisfy the requirement of dual criminality in the : for conduct to satisfy that requirement by reference to s4 of the Act, there was binding authority to the effect that impairment or unfitness, and not merely 'influence' (of drink or drugs) had to be shown. However, the appellant's appeal against a second warrant was dismissed, where there was no basis for holding that his extradition would be oppressive.

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