Vice Prosecutor, Magistrate of the Judicial Order, France v Charbit [2014] EWHC 3579 (Admin) (14 October 2014)

Vice Prosecutor, Magistrate of the Judicial Order, France v Charbit [2014] EWHC 3579 (Admin) (14 October 2014)

A European Arrest Warrant must contain all required particulars in the standard form warrant; annexes are not permitted. The warrant in question does not comply with section 2 of the Extradition Act 2003 and is invalid.

Citation
[2014] EWHC 3579 (Admin)
Parties
Claimant: Vice Prosecutor, Magistrate of the Judicial Order, France; Defendant: Charbit
Jurisdiction
England and Wales
Judgment Date
14 October 2014
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
European Arrest Warrant, Extradition Procedure, Jurisdiction, Fraud
Criminal Law Extradition Law European Law European Arrest Warrant Extradition Procedure Jurisdiction Fraud

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Parties

Vice Prosecutor, Magistrate of the Judicial Order, France

Claimant

Charbit

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a European Arrest Warrant can validly incorporate an annex for particulars under section 2 of the Extradition Act 2003
  2. 2 Whether the warrant sufficiently particularises the offending as required by law

Ratio Decidendi

A European Arrest Warrant must contain all required particulars in the standard form warrant; annexes are not permitted. The warrant in question does not comply with section 2 of the Extradition Act 2003 and is invalid.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the court lacks jurisdiction to deal with the warrant.