18 July 2013
Dhar v National Office of the Public Prosecution Service the Netherlands [2012] EWHC 697 (Admin), [2012] All ER (D) 249 (Mar)
It was an established principle that there was a considerable diversity within the common area as to whether prosecutors were ‘judicial authorities’ for various purposes, and it would be contrary to the principle of mutual confidence and recognition to confine the term “judicial” in s 2(2) of the 2003 Act only to a judge who adjudicated. Further, Art 6 of the Convention had to have been intended to allow member states to designate authorities in their state which were “judicial authorities”, having regard to their own national laws and traditions.
