Da Silva v German Judicial Authority [2017] EWHC 897 (Admin) (06 April 2017)

Da Silva v German Judicial Authority [2017] EWHC 897 (Admin) (06 April 2017)

The German warrant and procedure demonstrated at least an informal decision to prosecute, satisfying section 12A; the refusal to adjourn for further evidence was not material as the German system's requirements and the facts indicated prosecution intent.

Source-derived case information.

Citation
[2017] EWHC 897 (Admin)
Parties
Appellant: Da Silva; Respondent: German Judicial Authority
Jurisdiction
England and Wales
Judgment Date
06 April 2017
Procedural Posture
Extradition Appeal / High Court Appeal Under Section 26 of the Extradition Act 2003
Outcome
Appeal dismissed
Legal Topics
European Arrest Warrant, Section 12 a Extradition Act 2003, Decision to Charge or Try, German Criminal Procedure
Criminal Law Extradition Law European Arrest Warrant Section 12 a Extradition Act 2003 Decision to Charge or Try German Criminal Procedure

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Summary, issues, holding and outcome

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Parties

Da Silva

Appellant

German Judicial Authority

Respondent

Procedural Posture

Extradition Appeal / High Court Appeal Under Section 26 of the Extradition Act 2003

Legal Issues

  1. 1 Whether the German authorities had made a decision to charge or try the appellant as required by section 12A of the Extradition Act 2003
  2. 2 Whether the extradition should be barred due to absence of a prosecution decision

Ratio Decidendi

The German warrant and procedure demonstrated at least an informal decision to prosecute, satisfying section 12A; the refusal to adjourn for further evidence was not material as the German system's requirements and the facts indicated prosecution intent.

Court Disposition

Appeal dismissed

Orders

  • Extradition order stands
  • No certification for further appeal