R Seitz v Public Prosecutor's Office Germany

JurisdictionEngland & Wales
JudgeMr Justice Supperstone
Judgment Date27 April 2015
Neutral Citation[2015] EWHC 1408 (Admin)
Date27 April 2015
CourtQueen's Bench Division (Administrative Court)
Docket NumberCO/1060/2015

[2015] EWHC 1408 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

THE ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2A 2LL

Before:

Mr Justice Supperstone

CO/1060/2015

Between:
The Queen on the Application of Seitz
Claimant
and
Public Prosecutor's Office Germany
Defendant

Mr Seitz appeared in person

Miss Rebecca Hill (instructed by CPS) appeared on behalf of the Defendant

Mr Justice Supperstone
1

The appellant appeals against the decision of District Judge Purdy made after an uncontested hearing on 27th February 2015 to order his extradition to Germany pursuant to a Conviction European Arrest Warrant issued by the Public Prosecution Office at Nernburg-Furth on 12th September 2014 and certified by the National Crime Agency on 5th November 2014. The appellant's return is sought to serve a sentence of imprisonment of one year and six months in relation to a single offence of possession with intent to supply drugs committed on 8th April 2013. The sole ground of appeal is that extradition is a disproportionate interference with the appellant's Article 8 ECHR rights.

2

The extradition of the appellant not having been contested before the District Judge, Miss Hill for the respondent objects to the appellant raising this argument on this appeal. Before the District Judge the appellant was represented by the duty solicitor. He raised no bars to extradition. He gave no evidence and no evidence was put before the court. In those circumstances the District Judge gave no judgment other than to say that no issues having been raised he was satisfied as to the formalities and ordered extradition.

3

The appellant's legal representatives who had been on the record when the Notice of Appeal was submitted have come off the record and the appellant appears today unrepresented. The proceedings have been translated for him from English into German by an interpreter.

4

No documents have been served pursuant to the appeal since the Notice of Appeal. The appellant informs me that three days ago his solicitors in Germany advised him to raise the argument relating to his family and private life on this appeal. He told me that what he has to say not...

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