판결 이유
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.
사실관계
Julian Assange challenged his extradition to Sweden, arguing that the EAW was invalid because it was issued by a prosecutor rather than a court.
판결 요약
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.
주요 인용문
"The term 'judicial authority' in the Framework Decision is broad enough to encompass a public prosecutor."
— Lord Phillips
후속 처리
Applied
Significant authority on the meaning of 'judicial authority' in EAW cases.