Circuit of Lodz (Poland) v [2020] EWHC 3723 (Admin) (08 December 2020)

Circuit of Lodz (Poland) v [2020] EWHC 3723 (Admin) (08 December 2020)

The ambiguity between the EAW's references to a 'cartridge case' and 'ammunition' meant the court could not be sure, to the criminal standard, that the facts amounted to an offence under UK law; therefore, the requested person must be discharged in respect of offence 2.

Citation
[2020] EWHC 3723 (Admin)
Parties
Appellant/respondent: Circuit of Lodz (Poland); Respondent/appellant: Mendal
Jurisdiction
England and Wales
Judgment Date
08 December 2020
Procedural Posture
Extradition Appeal / Substantive Appeal in the High Court (administrative Court)
Outcome
appeal dismissed
Legal Topics
Dual Criminality, European Arrest Warrant, Firearms Offences, Standard of Proof, Interpretation of Statutory Language
Criminal Law Extradition Law Dual Criminality European Arrest Warrant Firearms Offences Standard of Proof Interpretation of Statutory Language

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Parties

Circuit of Lodz (Poland)

Appellant/respondent

Mendal

Respondent/appellant

Procedural Posture

Extradition Appeal / Substantive Appeal in the High Court (administrative Court)

Legal Issues

  1. 1 Whether the facts alleged in the European Arrest Warrant (EAW) for offence 2 satisfy the requirement of dual criminality under UK law
  2. 2 Whether the ambiguity in the EAW regarding 'cartridge case' versus 'ammunition' precludes extradition for offence 2

Ratio Decidendi

The ambiguity between the EAW's references to a 'cartridge case' and 'ammunition' meant the court could not be sure, to the criminal standard, that the facts amounted to an offence under UK law; therefore, the requested person must be discharged in respect of offence 2.

Court Disposition

appeal dismissed

Orders

  • Appeal by the judicial authority dismissed; discharge of the requested person in respect of offence 2 confirmed.
  • Remaining applications by the requested person adjourned to a rolled-up hearing after the Divisional Court's judgments in Wozniak and Schlavicz.