Da Silva v German Judicial Authority

Da Silva v German Judicial Authority

The requirements of section 12A of the Extradition Act 2003 were satisfied because the warrant and supporting material demonstrated at least an informal decision to prosecute the appellant, and the only reason for the absence of a formal decision was the appellant's absence from Germany. The German authorities were entitled to require his presence for examination, and the UK court could not go behind that procedural choice. The District Judge's refusal to admit late evidence did not affect the outcome.

Parties
Appellant: Da Silva; Respondent: German Judicial Authority
Jurisdiction
England and Wales
Judgment Date
06 April 2017
Procedural Posture
Extradition Appeal / Appeal From District Judge's Extradition Order
Outcome
appeal dismissed
Legal Topics
European Arrest Warrant, Extradition Act 2003, Section 12 a, Decision to Charge or Try, German Criminal Procedure
Criminal Law Extradition Law European Arrest Warrant Extradition Act 2003 Section 12 a Decision to Charge or Try German Criminal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Da Silva

Appellant

German Judicial Authority

Respondent

Procedural Posture

Extradition Appeal / Appeal From District Judge's Extradition Order

Legal Issues

  1. 1 Whether the requirements of section 12A of the Extradition Act 2003 were met in relation to the decision to charge or try the appellant
  2. 2 Whether the extradition warrant was issued for the purpose of prosecution and not merely investigation
  3. 3 Whether the refusal to admit late evidence from a German lawyer was justified

Ratio Decidendi

The requirements of section 12A of the Extradition Act 2003 were satisfied because the warrant and supporting material demonstrated at least an informal decision to prosecute the appellant, and the only reason for the absence of a formal decision was the appellant's absence from Germany. The German authorities were entitled to require his presence for examination, and the UK court could not go behind that procedural choice. The District Judge's refusal to admit late evidence did not affect the outcome.

Court Disposition

appeal dismissed

Orders

  • Extradition order affirmed
  • No certification for further appeal