Binder v Public Prosecutor's Office, Memmingem, Germany

Binder v Public Prosecutor's Office, Memmingem, Germany

The Public Prosecutor’s Office is a judicial authority within the meaning of section 2 of the Extradition Act 2003 and the Framework Decision, as established by Supreme Court precedent and supported by evidence of functional independence and objectivity; therefore, the European arrest warrant issued is valid.

Source-derived case information.

Parties
Appellant: Norbert Binder; Respondent: Public Prosecutor’s Office, Memmingem, Germany
Jurisdiction
England and Wales
Judgment Date
03 February 2014
Procedural Posture
Extradition Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
European Arrest Warrant, Judicial Authority Definition, Mutual Recognition, Executive Influence, Framework Decision Interpretation
Criminal Law Extradition Law European Law European Arrest Warrant Judicial Authority Definition Mutual Recognition Executive Influence Framework Decision Interpretation

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Summary, issues, holding and outcome

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Parties

Norbert Binder

Appellant

Public Prosecutor’s Office, Memmingem, Germany

Respondent

Procedural Posture

Extradition Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Public Prosecutor’s Office is a 'judicial authority' under section 2 of the Extradition Act 2003 and the Framework Decision
  2. 2 Whether the European arrest warrant issued by the Public Prosecutor’s Office is valid

Ratio Decidendi

The Public Prosecutor’s Office is a judicial authority within the meaning of section 2 of the Extradition Act 2003 and the Framework Decision, as established by Supreme Court precedent and supported by evidence of functional independence and objectivity; therefore, the European arrest warrant issued is valid.

Court Disposition

appeal dismissed

Orders

  • Detailed assessment of the appellant's publicly funded costs directed.