Prosecutor General's Office (Lithuania) v Michailov
| Judge | Sir Peter Lane |
| Neutral Citation | [2024] EWHC 3001 (Admin) |
| Date | 18 October 2024 |
| Counsel | Ms H Hinton,Ms A Nice |
| Year | 2024 |
| Court | King's Bench Division (Administrative Court) |
Case Nos: AC-2021-LON-03107
IN THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
ADMINISTRATIVE COURT
[2024] EWHC 3001 (Admin)
The Royal Courts of Justice
Strand
London WC2A 2LL
Friday, 18 October 2024
BEFORE:
SIR PETER LANE
(Sitting as a Judge of the High Court)
----------------------
BETWEEN:
PROSECUTOR GENERAL'S OFFICE (LITHUANIA)
Appellant/Applicant
-and-
MICHAILOV
Respondent
---------------------
MS H HINTON (instructed by CPS, Extradition Unit) appeared on behalf of the Appellant/
Applicant.
MS A NICE (instructed by ACA Law Limited) appeared on behalf of the Respondent.
----------------------
JUDGMENT
----------------------
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1.SIR PETER LANE: This is a rolled-up application for permission to appeal and, if
granted, the ensuing appeal brought by the appellant, which is the requesting authority,
against the judgment of a district judge on 15 November 2021 to order the respondent,
Mr Michailov's discharge from extradition to Lithuania.
2.The question which the district judge found in the respondent'sfavour was that
extradition would be incompatible with the ECHR. the district judge found that the
respondent would, if extradited, face a real risk of inhuman or degrading treatment,
contrary to article 3 of that Convention.
3.The background to the present proceedings is, essentially, as follows. The respondent
is a Lithuanian national, born on 28 May 1969. He had five previous convictions for
violent offences committed in two jurisdictions, Lithuania and The Netherlands. His
last conviction for attempted murder in July 2012 resulted in a prison sentence of three
years imposed in 2013, all of which appears to have been served. The respondent's
arrival in the United Kingdom is not precisely known. However, it appears that he left
Lithuania shortly after the alleged crimes inrespect of which his extradition to
Lithuania is sought, asthe police were not able to trace him there. The United
Kingdom police traced him to an address in Bognor Regis, and he was arrested there on
6 April 2020, following which extradition proceedings took place before Westminster
Magistrates' Court.
4.The hearing in that court took place on 10 September 2021. It was pursuant to an
accusation warrant, issued by the appellant and certified by the NCA in April 2021.
The warrant relates to three offences: two of causing bodily harm, which is not serious,
in violation of public order. In broad terms, the conduct can be described as follows.
On 3 April 2017, whilst drunkand in the communal area of accommodation, the
respondent stabbed another with a knife and caused a wound which corresponded to
slightbodilyinjury. On 4 April 2017, whilst drunk and in a communal area of
accommodation, the respondent stabbed the same person with a knife and caused a
wound which corresponded to slight bodily injury. On each occasion, it is alleged that
the respondent disrupted public peace and caused slight injury by reason of disorderly
conduct.
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