FK v Stuttgart State Prosecutor's Office, Germany
The EAW was sufficiently particularised, the offences met dual criminality requirements, passage of time did not render extradition oppressive, and extradition would not breach article 8 ECHR rights; the appeal fails on all grounds.
- Parties
- Appellant: FK; Respondent: Stuttgart State Prosecutor’s Office, Germany
- Jurisdiction
- England and Wales
- Judgment Date
- 19 September 2017
- Procedural Posture
- Extradition Appeal / Judgment on Appeal
- Outcome
- appeal dismissed; permission to appeal on article 8 ground refused
- Legal Topics
- European Arrest Warrant, Dual Criminality, Particularisation, Passage of Time, Article 8 ECHR
Case Brief
Summary, issues, holding and outcome
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Parties
FK
Appellant
Stuttgart State Prosecutor’s Office, Germany
Respondent
Procedural Posture
Extradition Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the EAW was adequately particularised under section 2(4)(c) of the Extradition Act 2003
- 2 Whether the offences described in the EAW constitute extradition offences under sections 10 and 64 (dual criminality)
- 3 Whether extradition would be oppressive due to passage of time under section 14
Ratio Decidendi
The EAW was sufficiently particularised, the offences met dual criminality requirements, passage of time did not render extradition oppressive, and extradition would not breach article 8 ECHR rights; the appeal fails on all grounds.
Court Disposition
appeal dismissed; permission to appeal on article 8 ground refused
Orders
- Appellant’s appeal on Grounds 1, 2 and 3 dismissed
- Permission to appeal on Ground 4 (article 8) refused
Full Case Text
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