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