Practice and Procedure

BALZAS ASZTASLOS v HUNGARY (2010)

PUBLISHED February 12, 2010
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[2010] EWHC 237 (Admin)

A European arrest warrant accusing a Hungarian national of offences against a minor had been issued for the legitimate purpose of conducting a criminal prosecution, rather than merely questioning, and as the conduct alleged amounted to the English offence of cruelty to a child, the requirements of co-criminality set out in the Extradition Act 2003 s.64(3)(b) were met. Guidance was given about the correct appoach to construing the words used in a warrant and about when it was appropriate to examine extrinsic evidence to decide on the purpose of a warrant.

DC (Aikens LJ, Openshaw J)

12/02/2010

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