On appeal from the Divisional Court of the Queen's Bench Division (England
and Wales)
Issue
Whether a European Arrest Warrant ("EAW") issued by a public prosecutor is
a valid Part 1 EAW issued by a "judicial authority" for the purpose and within
the meaning of sections 2 and 66 of the Extradition Act 2003.
Facts
The Appellant, a journalist well known through his operation of Wikileaks,
visited Sweden to give a lecture in August 2010. He had sexual relations
with two women. Both women went to the police who treated their visits as
the filing of complaints. The Appellant was interviewed by police and
subsequently left Sweden in ignorance of the fact that a domestic arrest
warrant had been issued for him. Proceedings were brought in the Swedish
courts in the Appellant’s absence, although he was represented,
in which a domestic warrant for the Appellant’s detention
for interrogation was granted and upheld on appeal. Subsequently, an EAW
for the Appellant was issued by the Swedish Prosecution Authority that set
out allegations of four offences of unlawful coercion and sexual misconduct
including rape. The EAW was certified by the UK Serious Organised Crime Agency
under the Extradition Act 2003. The Appellant surrendered himself for arrest
in the UK and, following an extradition hearing, his extradition to Sweden
was ordered. The order was upheld on appeal to the Divisional Court.
Subject Matter catchwords for indexing
Extradition "European Arrest Warrant" Judicial Authority
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