Summary
A European Arrest Warrant must state the alleged conduct clearly enough for the requested person to understand, with reasonable certainty, what he is said to have done and, where knowledge is an ingredient, why the necessary knowledge is alleged. The description must also permit the court to determine dual criminality.
Concise particulars suffice, but a critical allegation cannot remain materially ambiguous. For money laundering, the alleged facts must show that the property was already criminal property when the relevant dealing or arrangement occurred. The principle of transposition cannot convert conduct which is lawful domestically into criminal conduct when that conduct is capable of occurring here.
Factual background
The appellant challenged a District Judge’s order for his extradition to the Netherlands under Part 1 of the Extradition Act 2003. An accusation European Arrest Warrant alleged that he had participated in money laundering connected with an illegal Hawalla banking operation and suspected drug traffickers.
The appeal concerned whether the Dutch Public Prosecution Service was a judicial authority; whether information added to the warrant before certification formed part of it; whether the alleged conduct was adequately particularised under section 2(4)(c); and whether the conduct satisfied the dual criminality requirement in section 64(3)(b).
Held
- Appeal allowed and discharge ordered. The warrant failed to contain the information required by section 2(4)(c) of the Extradition Act 2003. The specified offence was also not an extradition offence under section 64(3). The appellant was therefore discharged under section 27(5) (King J, Moore-Bick LJ agreeing) (paras 106–119).
- A prosecution authority designated by a Member State may qualify as a judicial authority. The expression must be construed in the context of the Framework Decision and the diversity of national arrangements. Designation is not necessarily conclusive where the authority is self-evidently outside the broad meaning of judicial authority, as an executive ministry would be. Nothing showed that the Dutch Public Prosecution Service fell outside the permitted category (paras 41–47, 109–111).
- A certificate under section 2(7) or (8) certifies that the issuing body has the function of issuing arrest warrants. It does not conclusively certify that the body is a judicial authority under section 2(2). That issue may therefore be raised in an extradition appeal. A challenge contradicting the certified fact that the body possesses the issuing function would require judicial review (paras 34–40, 47–48).
- The formal validity of a warrant is assessed when the designated authority certifies it and the execution procedure begins. Before certification, the issuing authority may amend a warrant on its face to supply omitted information. Such an integral amendment is not extraneous information (paras 49–58, 112–113).
- Section 2(4)(c) does not require the detail of an indictment or civil pleading. It nevertheless requires clear particulars of the substance of the allegation, including the requested person’s conduct, participation, time and place. The assessment balances concise and simple description against the need to avoid unfair prejudice and to permit consideration of statutory bars, speciality and dual criminality (paras 59–70, 117).
- The critical allegation concerning funds received in the United Kingdom was ambiguous about their source, their connection with drug trafficking, whether they were already proceeds of crime, and the appellant’s role and knowledge. The general allegation of membership of a money laundering conspiracy did not cure those defects. The warrant was consequently invalid under section 2(4)(c) (paras 80–84, 114–117).
- Dual criminality depends on the conduct alleged, rather than correspondence between the foreign and domestic offences. The allegations did not show that the property was already criminal property when dealt with, or support an inference of an agreement to launder criminal proceeds or traffic in drugs. Transposition could not turn Hawalla banking, which was capable of being lawfully conducted here, into an unlicensed domestic financial activity (paras 85–102, 118–119).
The court’s approach to earlier authorities
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Appellate history
- High Court (Administrative Court): The appeal was allowed. The extradition order was displaced and the appellant was discharged.
- City of Westminster Magistrates’ Court: On 7 September 2011 District Judge Tubbs ordered the appellant’s extradition to the Netherlands for prosecution for money laundering.
Key cases cited
20 authorities cited.
- Norris (Appellant) v Judgments - Government of the United States of America and others (Respondent) (Criminal Appeal from Her Majesty's High Court of Justice) [2008] UKHL 16
- Dabas (Appellant) v. High Court of Justice, Madrid (Respondent) (Criminal Appeal from Her Majesty's High Court of Justice) [2007] UKHL 6
- Office of the King's Prosecutor, Brussels (Respondents) v. Armas (Appellant) and others [2005] UKHL 67
- Pepper v Hart [1993] AC 593
- Amir & Anor, R v [2011] EWCA Crim 146
- Geary, R v [2010] EWCA Crim 1925
- Khanani, R. v [2009] EWCA Crim 276
- Assange v Swedish Prosecution Authority [2011] EWHC 2849 (Admin)
- Harmatos v King's Prosecutor in Dendermond, Belgium [2011] EWHC 1598 (Admin)
- Sandi v The Craiova Court, Romania [2009] EWHC 3079 (Admin)
- Islam v Paphos District Court of Cyprus [2009] EWHC 2786 (Admin)
- Owens v Court of First Instance Marbella, Spain [2009] EWHC 1243 (Admin)
- Warren Hewitt and Anr v First Instance and Magistrates’ Court No 1, Denia, Spain [2009] EWHC 2158 (Admin)
- Zak v Regional Court of Bydgoszcz Poland [2008] EWHC 470 (Admin)
- Robert Thompson v Public Prosecutor of Boulogne sur Mer [2008] EWHC 2787
- Ektor v National Public Prosecutor of Holland [2007] EWHC 3106 (Admin)
- Von Der Pahlen v Government of Austria [2006] EWHC 1672 (Admin)
- Fofana v Thubin [2006] EWHC 744
- Enander v Governor of Brixton Prison & Anor [2005] EWHC 3036 (Admin)
- Goatley v HM Advocate [2006] HCJAC 55
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Cases citing this case
14 later cases · 10 positive · 2 neutral · 2 caution
Most senior citing decisions:
- Bucnys v Ministry of Justice, Lithuania [2013] UKSC 71 approved
- G & Anor, R. v [2013] EWCA Crim 2237 explained
- Sandra Palka v The Local Court of Görlitz, Germany [2026] EWHC 140 (Admin) applied
- VASILE STANCIU v PROSECUTOR GENERAL’S OFFICE OF THE REPUBLIC OF ARMENIA [2022] EWHC 1529 (Admin)
- GUENTHER KLAR v COURT OF FIRST INSTANCE BRUSSELS (BELGIUM) [2021] EWHC 3001 (Admin)
- Tilea v General Prosecutor's Office of the Court of Appeal in Ghent, Belgium [2020] EWHC 1746 (Admin)
- Connor & Ors v Public Prosecutor's Office Augsburg, Germany [2018] EWHC 829 (Admin)
- Alexander v The Public Prosecutor's Office, Marseille District Court of First Instance, France [2017] EWHC 1392 (Admin)
- Kandola & Ors v Generalstaatwaltschaft Frankfurt, Germany & Ors [2015] EWHC 619 (Admin)
- Villota v 2nd Section of the National High Court of Madrid, Spain [2014] EWHC 2623 (Admin)
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