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All Cases
Extradition Law
Supreme Court
2012

Assange v Swedish Prosecution Authority

[2012] UKSC 22

Ratio Decidendi

A public prosecutor can constitute a 'judicial authority' for the purposes of issuing a European Arrest Warrant under Part 1 of the Extradition Act 2003.

Facts

Julian Assange challenged his extradition to Sweden, arguing that the EAW was invalid because it was issued by a prosecutor rather than a court.

Judgment Summary

The Supreme Court held by a majority that a public prosecutor is a 'judicial authority' within the meaning of the Framework Decision. The term does not require the issuing authority to be a court.

Key Quotes

"The term 'judicial authority' in the Framework Decision is broad enough to encompass a public prosecutor."

Lord Phillips

Subsequent Treatment

Applied

Significant authority on the meaning of 'judicial authority' in EAW cases.