District Court In Litomerice, Czech Replublic v Kolman

Judicial notice permits a court to perform straightforward metric conversions and arithmetical calculations. It does not permit the court to supply unproved scientific or medical premises needed to make the calculation. Nor may the requesting state establish the necessary conversion by relying on facts proved in another case or on calculations supplied by counsel. In extradition proceedings, information needed to transpose foreign alcohol measurements into the domestic statutory limits should be provided by the requesting state in the European Arrest Warrant or by properly supplied supplementary information. The approach applies even where the missing scientific information would make no difference in the particular case, because it could matter in a borderline case.

The Czech requesting authority appealed against a decision of District Judge McPhee dated 5 August 2016 discharging Miroslav Kolman on an offence concerning driving with alcohol in his body. The European Arrest Warrant recorded a blood-alcohol concentration of 1.52 g/kg, following a reference to a breath test. The requesting state argued that the District Judge could use judicial notice and a medical textbook to convert that figure into the English statutory limit.

The central question was whether missing information about the specific gravity or viscosity of blood could be supplied through judicial notice rather than evidence or information from the requesting authority.

Appeal dismissed. The District Judge was entitled to discharge the respondent because the information necessary to establish the equivalent English offence had not been provided.

1. Judicial notice may be used for notorious or clearly established matters. It permits routine metric conversions and calculations, including conversions between litres and millilitres and between grams, milligrams and kilograms.
2. It does not extend to scientific information supplying an essential premise for the calculation. The specific gravity or viscosity of blood is not notorious, may vary with circumstances, and requires proof, admission or properly supplied documentary information.
3. Following Jankowski v District Court Wroclaw (Poland) [2016] EWHC 747 (Admin), facts proved in another case cannot be read across by judicial notice. Counsel’s calculations cannot provide the missing evidence.
4. The requesting state should provide the necessary conversion information in the European Arrest Warrant. If it is omitted, supplementary information may be obtained and provided before the hearing.

The appeal was accordingly dismissed.

• High Court (Administrative Court): appeal dismissed, upholding District Judge McPhee’s decision of 5 August 2016.
• Westminster Magistrates’ Court: District Judge Qureshi had earlier discharged the respondent on 14 January 2016 on the same issue.