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07 June 2012
Issue: 7517 / Categories: Legal News
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Another day in court for Assange?

Stay of execution for Wikileaks founder

The Supreme Court has granted a stay of execution for Wikileaks founder Julian Assange, following an unusual legal challenge made after the judgment was published.

Seven justices of the Supreme Court ruled last week that a public prosecutor in Sweden is a “judicial authority” for the purposes of the Extradition Act 2003 (EA 2003), in the case of Assange v Swedish Prosecution Authority [2012] UKSC 22.

This cleared the way for Assange to be handed over to Sweden, where he has been accused of rape and sexual molestation.

However, Dinah Rose QC, counsel for Assange, indicated that she may make an application to have the court’s decision re-opened since the majority of the court appear to have based their decision on an interpretation of the 1969 Vienna Convention on the Law of Treaties, on which no argument was heard.

The court granted Rose 14 days to make the application. If she does, the justices may decide to re-open the appeal and accept further submissions on the matter.

The majority of the court (Lord Mance and Lady Hale dissenting) held the UK should interpret EA 2003 in accordance with the European Council’s Framework Decision on the European Arrest Warrant(EAW), even though it is not bound to do so.

Delivering judgment, Lord Phillips noted that an earlier draft of the Framework Decision expressly stated that a prosecutor was a “judicial authority”. Any intention to restrict the power to issue EAWs would have made express, he said, the reason for the change was to widen rather than narrow the scope of the term.
 

Issue: 7517 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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