Central Magistrates Court Number 1 of the Spanish Criminal Court v Chadlioui [2017] EW Misc 21 (EXTRADITION) (03 October 2017)

Central Magistrates Court Number 1 of the Spanish Criminal Court v Chadlioui [2017] EW Misc 21 (EXTRADITION) (03 October 2017)

The combination of the EAW and supplemental information provided sufficient particulars of the alleged offence, including date and place, satisfying section 2(4) of the Extradition Act 2003. The evidence established that a decision to prosecute had been made, and the RP's absence was the sole reason proceedings had not advanced, satisfying section 12A. The video interview with the Spanish judge fulfilled section 21B requirements. The interference with Article 8 rights was outweighed by the seriousness of the offence and the public interest in extradition, making the interference proportionate and necessary.

Citation
[2017] EW Misc 21 (EXTRADITION)
Parties
Requested Person (rp)/defendant: Tarik Chadlioui; Judicial Authority (ja)/requesting State: Central Magistrates' Court Number 1 of the Spanish Criminal Court
Jurisdiction
England and Wales
Judgment Date
03 October 2017
Procedural Posture
Extradition Proceedings (part 1 Extradition Act 2003) / Judgment Following Full Hearing
Outcome
Extradition ordered
Legal Topics
Extradition Under European Arrest Warrant, Section 2(4) Extradition Act 2003 (particulars of Offence), Section 12 a Extradition Act 2003 (decision to Charge or Try), Section 21 B Extradition Act 2003 (requests for Temporary Transfer/interview), Article 8 ECHR (right to Family Life)
Criminal Law Extradition Law Human Rights Law Extradition Under European Arrest Warrant Section 2(4) Extradition Act 2003 (particulars of Offence) Section 12 a Extradition Act 2003 (decision to Charge or Try) Section 21 B Extradition Act 2003 (requests for Temporary Transfer/interview) Article 8 ECHR (right to Family Life)

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Parties

Tarik Chadlioui

Requested Person (rp)/defendant

Central Magistrates' Court Number 1 of the Spanish Criminal Court

Judicial Authority (ja)/requesting State

Procedural Posture

Extradition Proceedings (part 1 Extradition Act 2003) / Judgment Following Full Hearing

Legal Issues

  1. 1 Whether the European Arrest Warrant (EAW) contains sufficient particulars of the alleged offence under section 2(4) Extradition Act 2003
  2. 2 Whether a decision to charge or try has been made by the requesting authority under section 12A Extradition Act 2003
  3. 3 Whether section 21B Extradition Act 2003 (request for interview/temporary transfer) has been satisfied

Ratio Decidendi

The combination of the EAW and supplemental information provided sufficient particulars of the alleged offence, including date and place, satisfying section 2(4) of the Extradition Act 2003. The evidence established that a decision to prosecute had been made, and the RP's absence was the sole reason proceedings had not advanced, satisfying section 12A. The video interview with the Spanish judge fulfilled section 21B requirements. The interference with Article 8 rights was outweighed by the seriousness of the offence and the public interest in extradition, making the interference proportionate and necessary.

Court Disposition

Extradition ordered

Orders

  • Extradition of Tarik Chadlioui to Spain is ordered.