Doci v The Court of Brescia, Italy & Ors

Doci v The Court of Brescia, Italy & Ors

The court held that both the decision to charge and the decision to try had been made in both cases, as evidenced by the precautionary custody orders and the EAWs, applying a broad, practical interpretation of section 12A. The absence of the appellants from Italy was the sole reason for lack of formal trial orders. The double jeopardy and abuse of process arguments in Doci's case failed because the Italian prosecutor had expressly excluded the aggravating feature of weapon possession from the charges, and there was no risk of prosecution for the same conduct.

Parties
Appellant (co/1867/2016): Altin Doci; Respondent (co/1867/2016): The Court of Brescia, Italy; Appellant (co/1793/2016): Alexandru Motiu; Respondent (co/1793/2016): Criminal Court Nowy of Santa Maria Capua Vetere, Italy
Jurisdiction
England and Wales
Judgment Date
12 August 2016
Procedural Posture
Appeal / Judgment on Appeal From Extradition Orders by District Judges at Westminster Magistrates’ Court
Outcome
Appeals dismissed
Legal Topics
European Arrest Warrant, Extradition Act 2003 Section 12 a, Double Jeopardy, Abuse of Process, Immediate Trial Procedure (italy)
Criminal Law Extradition Law European Law European Arrest Warrant Extradition Act 2003 Section 12 a Double Jeopardy Abuse of Process Immediate Trial Procedure (italy)

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Parties

Altin Doci

Appellant (co/1867/2016)

The Court of Brescia, Italy

Respondent (co/1867/2016)

Alexandru Motiu

Appellant (co/1793/2016)

Criminal Court Nowy of Santa Maria Capua Vetere, Italy

Respondent (co/1793/2016)

Procedural Posture

Appeal / Judgment on Appeal From Extradition Orders by District Judges at Westminster Magistrates’ Court

Legal Issues

  1. 1 Whether a decision to charge and try had been made under section 12A Extradition Act 2003 for both appellants
  2. 2 Whether absence from Italy was the sole reason for lack of formal decision to try
  3. 3 Whether extradition was barred by double jeopardy or abuse of process in Doci's case

Ratio Decidendi

The court held that both the decision to charge and the decision to try had been made in both cases, as evidenced by the precautionary custody orders and the EAWs, applying a broad, practical interpretation of section 12A. The absence of the appellants from Italy was the sole reason for lack of formal trial orders. The double jeopardy and abuse of process arguments in Doci's case failed because the Italian prosecutor had expressly excluded the aggravating feature of weapon possession from the charges, and there was no risk of prosecution for the same conduct.

Court Disposition

Appeals dismissed

Orders

  • Extradition of Altin Doci to Italy ordered
  • Extradition of Alexandru Motiu to Italy ordered