The WLR Daily case summaries
[2021] WLR(D) 617
Queen’s Bench Division
Galusca v Italian Judicial Authority
[2021] EWHC 3345 (Admin)
2021 Nov 30; Dec 9
Bean LJ, Jay J
Extradition— European arrest warrant— Absence from trial— Requested person convicted in absentia— European arrest warrant stating that exceptions set out in Council Framework Decision applying so as to remove executing judicial authority’s discretion not to surrender— Whether English courts required to give effect to Decision— Whether requested person “deliberately absented himself from his trial”— Whether extradition impermissible unless requested person’s entitlement to retrial unqualified—
Extradition Act 2003 (c 41), s 20(3)(5)
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Council Framework Decision 2002/584/JHA, art 4a (as inserted by Council Framework Decision 2009/299/JHA, art 2(1))