Practice and Procedure

R (on the application of FARID HILALI) (Claimant) v WESTMINSTER MAGISTRATES' COURT (Defendant) & CROWN PROSECUTION SERVICE (Interested Party) & SECRETARY OF STATE FOR THE HOME DEPARTMENT (Intervener) (2008)

PUBLISHED November 25, 2008

[2008] EWHC 2892 (Admin)

The English courts had no jurisdiction to order the Spanish courts either to proceed against a person only for the offences for which he had been extradited from the United Kingdom to Spain, or to return him to the UK. Both countries were subject to the Framework Decision 2002/584 which was based on the assumption of trust between Member States in the integrity of each other's judicial institutions; an implied power of the English courts to investigate matters post-surrender would undermine that assumption.

DC (Dyson LJ, Griffith Williams J)