27 November 2013

Adam Payter in key extradition appeal on aggregate sentences and speciality

Adam Payter in key extradition appeal on aggregate sentences and speciality

In Brodziak and others v Polish Judicial Authorities [2013] EWHC 3394 (Admin) the Divisional Court (Richards LJ and Silber J) confirmed the correct approach to an EAW which contains an aggregate sentence and the conduct for one of the offences is not an extradition offence. The Court also considered the ambit of the specialty rule.

In Jama v Senior Public Prosecutor, Gera, Germany [2013] WLR (D) 415, the same Divisional Court held that trafficking khat was capable of amounting to a Framework List offence, even though khat was not a narcotic drug or psychotropic substance prohibited by the United Nations Convention against Illicit Traffic of Narcotic Drugs and Psychotropic Substances 1988. The Court also considered whether offences concerning khat could be prosecuted in England and Wales.

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