Queen’s Bench Divisional Court

Published December 21, 2007

Regina (Szklanny) v Westminster City Magistrates Court

While the discretion conferred on a court to extend time for extradition was in broad terms, there was an obligation to interpret national law, so far as possible, in the light of the wording and purpose of the European Council Framework Decision on the European arrest warrant and surrender proceedings between member states (2002/584/JHA; OJ July 18, 2002 No L190/1).

The Queen’s Bench Divisional Court (Lord Justice Richards and Mr Justice Gibbs) so held on October 23, 2007 when dismissing an application brought by Tomasz Szklanny for judicial review of the decision of District Judge Nicholas Evans at Westminster City Magistrates Court on September 21, 2007, to extend time for his extradition to Poland for one week.

LORD JUSTICE RICHARDS said that the obligation to interpret national law, so far as possible, in the light of the wording and purpose of the Framework Decision did not require the discretion to be cut down so as to be exercisable only if it was shown that extradition within the normal period had been prevented by circumstances beyond the control of the member states concerned.

The underlying purpose of the Framework Decision was to facilitate extradition and enhance extradition procedures, based on the spirit of mutual cooperation.

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