Musse v Tribunal D'arrondisement Grand Duchy of Luxembourg

In deciding an extradition bail application, the court must assess the risk of failure to surrender in the circumstances of the individual case. Relevant considerations include previous failures to surrender, community and family ties, existing bail or custody arrangements in other proceedings, current travel restrictions, and the conditions available to manage risk. Detention during the pandemic may carry greater practical difficulty and may properly be taken into account. Strong ties and effective conditions can justify bail even where the applicant has an imperfect character and a history of failing to surrender.

The applicant was wanted by Luxembourg under a European Arrest Warrant dated 12 November 2020 for prosecution concerning alleged fraud involving forged credit cards and a forged identity card. He had been arrested in the United Kingdom on 29 November 2020 and remained in custody.

Two earlier bail applications had been refused, the most recent by Deputy District Judge Bristow on the basis of a failure to surrender. The applicant renewed his application and offered conditions. The central issue was whether the risk of non-surrender justified continued detention.

1. Application granted. The applicant was admitted to bail subject to the conditions set out at paragraph 20 of his skeleton argument.
2. The court recognised the applicant’s previous failure, or possible failures, to surrender and his imperfect character. Those matters had to be balanced against his long-term residence in the United Kingdom, strong local and family ties, and previous admissions to bail.
3. Significant weight was given to the fact that the applicant was already remanded on unconditional bail in relation to domestic drug offences, was awaiting sentence for a non-dwelling burglary, and had forthcoming domestic trials. Continued detention in the extradition proceedings would therefore keep him in custody in all the other proceedings.
4. The court also took account of the Court of Appeal (Criminal Division)’s explanation in cases including Manning that detention during the pandemic caused greater difficulty than detention during earlier periods. Current travel restrictions also made it difficult to see how the applicant could leave the country.
5. Considering all the circumstances, the proposed conditions sufficiently addressed the risk of failure to surrender. The respondent did not challenge any particular condition.

The judgment records two earlier refusals of bail, including a refusal by Deputy District Judge Bristow on 7 January 2021. The present application was determined by the High Court (Administrative Court).