Bartosz Fedorowicz v Prosecutor General’s Office (Lithuania)

Bartosz Fedorowicz v Prosecutor General’s Office (Lithuania)

Section 45(7)(b) of the Serious Crime Act 2015 requires that at least one act or omission comprising the participation of the person alleged to have committed the offence must have taken place in England and Wales; since none of the appellant's alleged acts occurred in Lithuania, the dual criminality requirement is not satisfied and extradition is barred.

Parties
Appellant: Bartosz Fedorowicz; Respondent: Prosecutor General’s Office (Lithuania)
Jurisdiction
England and Wales
Judgment Date
02 December 2022
Procedural Posture
Extradition Appeal / Appeal From District Judge's Extradition Order
Outcome
Appeal allowed; extradition order quashed; appellant discharged
Legal Topics
Statutory Interpretation, Dual Criminality, Participation in Organised Crime, Territorial Jurisdiction
Criminal Law Extradition Law Statutory Interpretation Dual Criminality Participation in Organised Crime Territorial Jurisdiction

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Parties

Bartosz Fedorowicz

Appellant

Prosecutor General’s Office (Lithuania)

Respondent

Procedural Posture

Extradition Appeal / Appeal From District Judge's Extradition Order

Legal Issues

  1. 1 Whether the appellant's extradition to Lithuania satisfies the mandatory conditions of section 64 of the Extradition Act 2003, specifically whether equivalent conduct would constitute an extraterritorial offence under section 45 of the Serious Crime Act 2015

Ratio Decidendi

Section 45(7)(b) of the Serious Crime Act 2015 requires that at least one act or omission comprising the participation of the person alleged to have committed the offence must have taken place in England and Wales; since none of the appellant's alleged acts occurred in Lithuania, the dual criminality requirement is not satisfied and extradition is barred.

Court Disposition

Appeal allowed; extradition order quashed; appellant discharged

Orders

  • Appellant discharged
  • Order for extradition quashed