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Surrender refused where no decision has been made to charge and try the respondents

By: James Cross BL

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High Court, in European Arrest Warrant proceedings in relation to two respondents, refuses surrender to Belgium, on the grounds that there was cogent evidence that no decision has been made to charge and try the respondents with the offences referred to in the warrant.

European arrest warrant – Belgian authorities seeking surrender of two respondents – warrant rendered in absentia – aggravated theft – membership of a criminal organisation – request for additional information - subject of further interrogation – decision to try – points of objection – argued that surrender was not for the purpose of trying the respondents but for pre-trial investigations – argued that no decision to charge and try the respondents has been made – alleged lack of clarity – previous request in the UK – determined that no decision to charge had been made and surrender refused - cogent evidence that no decision has been made to charge and try the respondent with the offences referred to in the EAW – application for surrender refused.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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