Canada (represented by the Lord Advocate) against Barry Evans and Robert Busby Evans (Sheriff Court Criminal) [2025] SCEDIN 44 (31 July 2025)

Canada (represented by the Lord Advocate) against Barry Evans and Robert Busby Evans (Sheriff Court Criminal) [2025] SCEDIN 44 (31 July 2025)

Assisting a perpetrator to flee to avoid apprehension for a crime, even before identification as a suspect or commencement of an investigation, constitutes an offence against the administration of justice in Scotland. Therefore, the conduct alleged against Barry Evans and Robert Busby Evans satisfies the dual criminality requirement for extradition.

Citation
[2025] SCEDIN 44
Parties
Requesting State: Canada (represented by the Lord Advocate); Requested Person: Barry Evans; Requested Person: Robert Busby Evans
Jurisdiction
Scotland
Judgment Date
31 July 2025
Procedural Posture
Extradition Request / Judgment on Dual Criminality
Outcome
All questions posed by section 78 of the Extradition Act 2003 decided in the affirmative; dual criminality requirement satisfied for all requested persons; extradition proceedings to continue.
Legal Topics
Dual Criminality, Accessory After the Fact, Attempting to Defeat the Ends of Justice, Manslaughter
Criminal Law Extradition Law Dual Criminality Accessory After the Fact Attempting to Defeat the Ends of Justice Manslaughter

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Parties

Canada (represented by the Lord Advocate)

Requesting State

Barry Evans

Requested Person

Robert Busby Evans

Requested Person

Procedural Posture

Extradition Request / Judgment on Dual Criminality

Legal Issues

  1. 1 Whether the conduct alleged against Barry Evans and Robert Busby Evans would constitute an offence under the law of Scotland if it had occurred there (dual criminality)
  2. 2 Whether assisting a perpetrator to flee, absent active pursuit or ongoing investigation, is a crime in Scotland

Ratio Decidendi

Assisting a perpetrator to flee to avoid apprehension for a crime, even before identification as a suspect or commencement of an investigation, constitutes an offence against the administration of justice in Scotland. Therefore, the conduct alleged against Barry Evans and Robert Busby Evans satisfies the dual criminality requirement for extradition.

Court Disposition

All questions posed by section 78 of the Extradition Act 2003 decided in the affirmative; dual criminality requirement satisfied for all requested persons; extradition proceedings to continue.

Orders

  • Proceedings against Barry Evans and Robert Busby Evans not discharged; extradition proceedings to continue for assessment of other objections.