Section 1
This is the hearing of Mr Beraru’s appeal against the decision of District Judge Clews of 8 June 2023 to order his extradition in connection with an arrest warrant (“the Warrant”). The Warrant was issued pursuant to the EU-UK Trade and Co-operation Agreement by the Respondent, the Bucharest Court – First Criminal Division, on 28 July 2022.
Mr Beraru has been granted permission to appeal against the extradition order on one ground – that the District Judge erred in finding that the alleged offences satisfy the requirements of sections 10 and 64 of the Extradition Act 2023 (“the Act”). He seeks permission at this hearing to add two further grounds:
Proposed Ground 2: that the extradition to Romania would be disproportionate within the meaning of s.21A(1)(b) of the Act, as the criminal proceedings in Romania are able to progress with the Appellant’s remote attendance via video link from the UK.
Proposed Ground 3: that the pursuit of the extradition request is an abuse of the Court’s process, given that the extradition is unnecessary for the progress of the proceedings.
- Heading
- Section 1
- The Warrant
- The procedural history
- The Correct Test on an Appeal
- Ground 1: the dual criminality ground of appeal
- The application of those principles in this case
- Conspiracy to obtain financial gain by controlling prostitution
- Conspiracy to traffic human being for the purposes of sexual exploitation
- Conspiracy to facilitate the use of criminal property
- Intentionally encouraging or assisting the trafficking of human beings for the purposes of sexual exploitation
- The application to amend to advance proposed Grounds 2 and 3
- Ground 2: extradition would be disproportionate
- Ground 3: is the continued pursuit of the Warrant an abuse of process?
- Conclusions
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