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Extradition

23 June 2017
Issue: 7751 / Categories: Case law , Law digest , In Court
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Alexander v Public Prosecutor’s Office, Marseille District Court of First Instance, France; Benedetto v Court of Palermo, Italy[2017] EWHC 1392 (Admin), [2017] All ER (D) 76 (Jun)

The Divisional Court, in dismissing the appellants’ appeals against orders for their extradition, held that it was open to a requesting judicial authority to add missing information to a deficient European arrest warrant (EAW) so as to establish its validity. There had to be a document in the prescribed form, presented as an EAW and setting out to address the required information. The question was whether the court was faced with lacunae or a wholesale failure to provide the necessary particulars, which could only be decided on the specific facts.

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