Patraucean v Romania

Patraucean v Romania

The appeal fails because the statutory scheme does not require service of a complete English translation of the EAW to the requested person, only the warrant as issued by the requesting state, and the issue of incomplete service cannot be revisited at the extradition hearing if not raised at the initial hearing.

Parties
Appellant: Patraucean; Respondent: Romania
Jurisdiction
England and Wales
Judgment Date
24 July 2013
Procedural Posture
Extradition Appeal / Judgment on Appeal Against Extradition Order
Outcome
Appeal dismissed
Legal Topics
European Arrest Warrant, Service of Documents, Statutory Interpretation
Extradition Law Criminal Procedure European Arrest Warrant Service of Documents Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Patraucean

Appellant

Romania

Respondent

Procedural Posture

Extradition Appeal / Judgment on Appeal Against Extradition Order

Legal Issues

  1. 1 Whether failure to serve a complete English translation of the European Arrest Warrant (EAW) requires discharge under section 4 of the Extradition Act 2003
  2. 2 Whether the issue of incomplete service can be revisited at the extradition hearing if not raised at the initial hearing

Ratio Decidendi

The appeal fails because the statutory scheme does not require service of a complete English translation of the EAW to the requested person, only the warrant as issued by the requesting state, and the issue of incomplete service cannot be revisited at the extradition hearing if not raised at the initial hearing.

Court Disposition

Appeal dismissed

Orders

  • Detailed assessment of the appellant's public funds