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07 June 2012
Issue: 7517 / Categories: Case law , Law digest , In Court
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Extradition

Assange v Swedish Prosecution Authority [2012] UKSC 22, [2012] All ER (D) 232 (May)

“Judicial authority” in Pt 1 of the Extradition Act 2003 should be accorded the same meaning as it bore in the Framework Decision and that term was properly to be understood as including public prosecutors. The purpose of the Framework decision was to introduce a system of surrender between judicial authorities for those accused or convicted of serious criminal offences which required each of the member states to give a uniform interpretation of the phrase “judicial authority”. Article 31.3(b) of the 1969 Vienna Convention on the Law of Treaties permitted recourse, as an aid to interpretation, to “any subsequent practice in the application of the treaty which established the agreement of the parties regarding its interpretation”.

When one considered the daft September Framework Decision, it was beyond doubt that “judicial authority” was a term that embraced both a court and a public prosecutor. Although the precise definition of “judicial authority” was removed from the final draft, the overall scheme of the warrant did not

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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