The application of those principles in this case
The application of those principles in this case
In this case, the conduct alleged against Mr Beraru in the warrant is all alleged to have taken place in the United Kingdom. Accordingly, it is common ground that the issue for the court is whether, applying s.64(4), “in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom”.
The Respondent has put forward alternative arguments as to why the requirements of s.64(4) are satisfied in this case which are best considered in turn. However, it is necessary to stand back and keep in mind the nature of the facts alleged against Mr Beraru overall. He is accused of being a long-time supporter of an OCG established for the purpose of human trafficking. The OCG carried out activities in both Romania and the UK through the organised prostitution of women in the UK mainly (but not exclusively) recruited from Romania. The proceeds from the organised prostitution were paid into bank accounts in Romania and the UK, and laundered in Romania.
- 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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