Krupeckiene v Public Prosecutor's Office Lithuania

Krupeckiene v Public Prosecutor's Office Lithuania

The appeal is not arguable because the binding domestic and CJEU authorities establish that the Prosecutor General’s Office in Lithuania is a ‘judicial authority’ for the purposes of section 2(2) of the Extradition Act 2003 and the Framework Decision; recent CJEU decisions do not undermine this position.

Parties
Appellant: Krupeckiene; Respondent: Public Prosecutor’s Office Lithuania
Jurisdiction
England and Wales
Judgment Date
11 March 2019
Procedural Posture
Extradition Appeal / Application for Permission to Appeal And, If Granted, Substantive Appeal
Outcome
permission to appeal refused
Legal Topics
European Arrest Warrant, Judicial Authority Definition, Mutual Recognition, Domestic Statutory Interpretation
Extradition Law Criminal Law EU Law European Arrest Warrant Judicial Authority Definition Mutual Recognition Domestic Statutory Interpretation

Case Brief

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Parties

Krupeckiene

Appellant

Public Prosecutor’s Office Lithuania

Respondent

Procedural Posture

Extradition Appeal / Application for Permission to Appeal And, If Granted, Substantive Appeal

Legal Issues

  1. 1 Whether the Prosecutor General’s Office in Lithuania is a ‘judicial authority’ for the purposes of section 2(2) of the Extradition Act 2003 and the Framework Decision 2002/584/JHA
  2. 2 Whether recent CJEU decisions affect the binding nature of the Supreme Court’s decision in Assange v Swedish Prosecution Authority

Ratio Decidendi

The appeal is not arguable because the binding domestic and CJEU authorities establish that the Prosecutor General’s Office in Lithuania is a ‘judicial authority’ for the purposes of section 2(2) of the Extradition Act 2003 and the Framework Decision; recent CJEU decisions do not undermine this position.

Court Disposition

permission to appeal refused

Orders

  • Permission to appeal refused.
  • No reference to the CJEU to be made.