Criminal activity: neither here nor there

• The scope of the offence of ‘criminal participation’ under the Serious Crime Act 2015 has been redrawn by the High Court.
• The court held that there can be no criminal liability under s 45 of the Act for purely extra-territorial activity.
• UN ‘Palermo’ Convention considered.

On 2 December 2022, Mr Justice Fordham delivered his judgment in the case of Fedorowicz v Prosecutor General’s Office (Lithuania) [2022] EWHC 3088 (Admin).

The appellant in the case was appealing an extradition order made at Westminster Magistrates’ Court by a district judge on 17 August 2021. Permission to appeal had been granted by Thornton J on 24 March 2022.

Dual criminality

At first instance, inter alia, the respondent judicial authority—which made the extradition request through an international extradition arrest warrant issued pursuant to the relevant provisions of the Trade and Co-Operation Agreement signed between