Savickis v Prosecutor General's Office of the Republic of Latvia

Where an extradition appeal raises the same legal issue as a pending Supreme Court appeal, the court may dismiss all other grounds and keep that issue open pending the higher court’s decision. A point need not be treated as improperly omitted below where the relevant authority was decided only shortly before the hearing and permission to appeal was granted afterwards. If the Supreme Court upholds the earlier decision, the dependent appeal will fail; if it reverses it, directions may be required for the appeal’s further conduct.

A European arrest warrant sought the appellant’s extradition to Latvia to serve a sentence for criminal damage, assault and theft. District Judge Tubbs ordered extradition after an uncontested hearing on 28 November 2011. The appellant initially relied on article 8 grounds but abandoned them.

The remaining issue concerned whether a European arrest warrant issued by a Latvian prosecutor was issued by a judicial authority. That issue was then pending before the Supreme Court in Assange, following the Divisional Court’s decision against the appellant in that case.

1. Disposition. The appeal was dismissed on all grounds except the single issue concerning whether a prosecutor was a judicial authority for the purposes of issuing a European arrest warrant. That issue was kept open pending the Supreme Court’s decision in Assange.
2. The court accepted that it would not have been proper or practicable to require the appellant to investigate and raise the point before the District Judge. The Divisional Court’s decision in Assange had been given only on 2 November 2011, while the extradition hearing took place on 28 November 2011, and permission to appeal to the Supreme Court was granted only afterwards.
3. The appeal therefore depended on the outcome of Assange. If the Supreme Court dismissed that appeal, the present appeal would fail and would be listed for disposal without attendance. If the Supreme Court allowed it, the appellant was required to seek directions within seven days for the further conduct of this appeal.

• High Court (Administrative Court): District Judge Tubbs ordered extradition on 28 November 2011. The High Court dismissed the appeal on all grounds other than the issue reserved pending the Supreme Court’s decision in Assange.