New Judgment: Bucnys v Ministry of Justice, & other cases  UKSC 71
20 Wednesday Nov 2013
On appeal from:  EWHC Admin 2771
Three cases concerning requests for extradition under European arrest warrants. The extraditees submitted, intia alia, that the relevant ministries of justice could not be a “judicial authority” within the meaning of the Council Framework Decision 2002/584/JHA and/or the Extradition Act 2003, Pt 1 because they were not part of the courts or judiciary as ordinarily understood. Held: In the context of the Framework Decision, the most obvious purpose of insisting EAWs being issued by “judicial authority” was to ensure objectivity (including freedom from political or executive influence) in decision-making and to enhance confidence in a system that was going to lead to a new level of mutual cooperation, including the surrender of member states’ own nationals to other member states. An EAW issued by a ministry could be regarded as issued by a judicial authority if the ministry issued the warrant at the request of and by way of endorsement of a decision made by a court etc responsible for the sentence.