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Extradition – Passage of time. High Court of Justiciary: In appeals concerning two separate European Arrest Warrants (EAWs) in which the Polish authorities sought an individual's extradition to stand trial on charges relating, inter alia, to theft and attempted theft of petroleum, the court refused the appeal in respect of the first EAW, holding that there was no error of law in a sheriff's decision that it would not be oppressive to extradite the individual by reason of the passage of time, and it allowed the Lord Advocate's appeal in respect of the second EAW, holding that a different sheriff had erred in concluding that the actions of the requesting court 'in deliberately not pursuing the offence' were oppressive and that there was a risk of prejudice to the respondent were trial to take place now.
Extradition – Passage of time. High Court of Justiciary: In appeals concerning two separate European Arrest Warrants (EAWs) in which the Polish authorities sought an individual's extradition to stand trial on charges relating, inter alia, to theft and attempted theft of petroleum, the court refused the appeal in respect of the first EAW, holding that there was no error of law in a sheriff's decision that it would not be oppressive to extradite the individual by reason of the passage of time, and it allowed the Lord Advocate's appeal in respect of the second EAW, holding that a different sheriff had erred in concluding that the actions of the requesting court 'in deliberately not pursuing the offence' were oppressive and that there was a risk of prejudice to the respondent were trial to take place now.
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