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The Office of the King’s Prosecutor, Brussels v Armas [2005] UKHL 67

A request by Belgium for the extradition of the appellant could not be brought under the Extradition Act 2003, s 65(2) because part of the conduct of the appellant specified in the arrest warrant took place in the United Kingdom, but the request could be brought under s 65(3) of the Act as it did not matter for the purposes of that subsection that the conduct took place not only in Belgium but also in the UK.

25 November 2005

The appellant (C) appealed against the decision ([2004] EWHC 2019 (Admin)) that a request for his extradition to Belgium fell within the Extradition Act 2003, s 65. C had been convicted and sentenced to five years' imprisonment in his absence by the Belgian court. A year later the appropriate Belgian authority had issued a European arrest warrant for him. The warrant identified people trafficking, facilitation of unauthorised entry and residence and forgery of administrative documents as the offences for which C's surrender was sought. C had been arrested in the UK. A district judge held that the Belgian request did not fall within the Extradition Act 2003, s 65. On appeal, the Divisional Court held that it did. C submitted that the offences charged against C appeared in the European framework list under the European Council Framework Decision on the European arrest warrant and surrender procedures between Member States (2002/584/JHA) and Sched 2 to the 2003 Act, but that s 65(2) deali...

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