Extradition to Belgium refused
Sonn Macmillan Walker’s Chris Stevens represented two clients from the UK who were facing extradition to Belgium on a European Arrest Warrant concerning 8 offences they were alleged to have committed.
The offences related to being members of a criminal organisation and theft of a number of high value items including construction vehicles and trailers. Chris succeeded under s12A Extradition Act 2003 (whether a decision to charge or try had been made). Following an unsuccessful request for less coercive measure to be taken in the form of a temporary transfer for interview we received further information from the Judicial Authority that suggested that the Belgian JA were still at the investigation stage and had not made a decision to charge or try our clients. The District Judge hearing the case agreed.
In addition one of the clients would have succeeded under article 8 on the basis of their particular family circumstances and medical issues.
The Judicial Authority confirmed that they will not appeal the decision in respect of both clients.
Chris instructed Jonathan Swain at Drystone Chambers.