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10 February 2023 / George Hepburne Scott , Giovanna Fiorentino
Issue: 8012 / Categories: Features , Extradition , Criminal
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Criminal activity: neither here nor there

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George Hepburne Scott & Giovanna Fiorentino examine extradition where the relevant alleged criminal activity took place outside of the requesting state
  • The scope of the offence of ‘criminal participation’ under the Serious Crime Act 2015 has been redrawn by the High Court.
  • The court held that there can be no criminal liability under s 45 of the Act for purely extra-territorial activity.
  • UN ‘Palermo’ Convention considered.

On 2 December 2022, Mr Justice Fordham delivered his judgment in the case of Fedorowicz v Prosecutor General’s Office (Lithuania) [2022] EWHC 3088 (Admin).

The appellant in the case was appealing an extradition order made at Westminster Magistrates’ Court by a district judge on 17 August 2021. Permission to appeal had been granted by Thornton J on 24 March 2022.

Dual criminality

At first instance, inter alia, the respondent judicial authority—which made the extradition request through an international extradition arrest warrant issued pursuant to the relevant provisions of the Trade and Co-Operation Agreement signed between the UK and EU on 30 December 2021—had to satisfy the district

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A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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