Ms P was sought by Poland to serve a one-year prison sentence having been convicted in her absence in 2007 of “misappropriation of movable property” occurring between 2000 and 2001. The property was valued at approximately £8,500.
District Judge Matson when discharging Ms P found that the warrant seeking her surrender was invalid in that it did not sufficiently particularise the location of the offending pursuant to s.2(6)(b) of the Extradition Act 2003 when read with s.2(4)(c) of the Extradition Act 2003 and King v the Public Prosecutor of Villefrance sur Saone [2015] EWHC 3760 (Admin).
Further, the District Judge found that the offence could not be said to have occurred within Poland nor could it be said to be an extradition offence pursuant to s.65 of the Extradition Act 2003 and discharged Ms P pursuant to s.10(3) of the Extradition Act 2003.
The CPS did not appeal the District Judges’ Decision.
Douglas was instructed by Shyan MacTavish of Hodge Jones and Allen.
