Seddon, R. v

Seddon, R. v

Section 146(3)(b) of the Extradition Act 2003 does not permit prosecution for the Bail Act offence where the European Arrest Warrant did not seek surrender for that offence and only referenced it in passing; the conviction and sentence for the Bail Act offence were without jurisdiction and must be quashed.

Source-derived case information.

Parties
Appellant: Neil Seddon; Respondent: The Crown; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
10 March 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; conviction and sentence for Bail Act offence quashed
Legal Topics
Specialty Principle, Extradition From EU Member States, Construction of Extradition Act 2003 Section 146(3)(b), European Arrest Warrant, Bail Act Offence
Criminal Law Extradition Law International Law Specialty Principle Extradition From EU Member States Construction of Extradition Act 2003 Section 146(3)(b) European Arrest Warrant Bail Act Offence

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Summary, issues, holding and outcome

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Parties

Neil Seddon

Appellant

The Crown

Respondent

Secretary of State for the Home Department

Interested Party

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether section 146(3)(b) of the Extradition Act 2003 permits prosecution for Bail Act offence not expressly included in the European Arrest Warrant
  2. 2 Proper construction of 'offence disclosed by the information provided' under section 146(3)(b)
  3. 3 Consistency of UK statute with international obligations under the Framework Decision

Ratio Decidendi

Section 146(3)(b) of the Extradition Act 2003 does not permit prosecution for the Bail Act offence where the European Arrest Warrant did not seek surrender for that offence and only referenced it in passing; the conviction and sentence for the Bail Act offence were without jurisdiction and must be quashed.

Court Disposition

appeal allowed; conviction and sentence for Bail Act offence quashed

Orders

  • conviction and sentence for Bail Act offence quashed
  • no further order made