Vice Prosecutor, Magistrate of the Judicial Order, France v Charbit

Vice Prosecutor, Magistrate of the Judicial Order, France v Charbit

The warrant did not comply with section 2 of the Extradition Act 2003 because the required particulars of the alleged offence were not contained in the body of the warrant but in an annex. Therefore, the warrant was invalid and the court lacked jurisdiction.

Parties
Claimant: Vice Prosecutor, Magistrate of the Judicial Order, France; Defendant: Eric Charbit
Jurisdiction
England and Wales
Judgment Date
14 October 2014
Procedural Posture
Extradition Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
European Arrest Warrant, Extradition Procedure, Interpretation of Statutory Requirements
Criminal Law Extradition Law European Union Law European Arrest Warrant Extradition Procedure Interpretation of Statutory Requirements

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Parties

Vice Prosecutor, Magistrate of the Judicial Order, France

Claimant

Eric Charbit

Defendant

Procedural Posture

Extradition Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the European Arrest Warrant (EAW) was valid under section 2 of the Extradition Act 2003
  2. 2 Whether details annexed to the EAW can be considered to satisfy statutory requirements

Ratio Decidendi

The warrant did not comply with section 2 of the Extradition Act 2003 because the required particulars of the alleged offence were not contained in the body of the warrant but in an annex. Therefore, the warrant was invalid and the court lacked jurisdiction.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.