Dabas v High Court of Justice in Madrid, Spain
| Jurisdiction | England & Wales |
| Judgment Date | 04 May 2006 |
| Neutral Citation | [2006] EWHC 971 (Admin) |
| Date | 04 May 2006 |
| Court | Queen's Bench Division (Administrative Court) |
QUEEN'S BENCH DIVISIONAL COURT
Before Lord Justice Latham and Mr Justice Jack
PART OF a European arrest warrant could amount to a certificate as required by section 64(2) of the Extradition Act 2003 provided the relevant material was clearly set out.
The Queen's Bench Divisional Court (Lord Justice Latham and Mr Justice Jack) so held on May 4, 2006, when dismissing on appeal by Moutez Dabas under to section 26 of the Extradition Act 2003 against the order by District Judge Evans at Bow Street Magistrates Court on November 17, 2004, that he be extradited to Spain to await trial.
LORD JUSTICE LATHAM said that the validity of the warrant was governed by Part 1 of the 2003 Act. One of the appellant's grounds for challenging the validity of the warrant was that it did not identify an extradition offence within the meaning of section 64 of the 2003 Act.
The first submission that the warrant failed because the material provided showed that some part of the conduct occurred in the United Kingdom was rejected.
It was further submitted that the certificate required by subsections (2)(b) and (2)(c) was not provided. However, provided the relevant material was clearly set out in the warrant, that part of the...
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