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.

Hechos

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

Resumen de la sentencia

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.

Citas clave

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

Tratamiento posterior

Applied

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