AW 2
AW 2
AW2 is an accusation warrant issued on 23 February 2023 and certified by the NCA on 6 April 2023. The Appellant is sought in relation to a single offence of forgery arising out of the misrepresentation of his identity in relation to a sales contract for a vehicle on 21 August 2019. The forged document was then unwittingly submitted to the state authorities by a named third party. The maximum sentence which can be imposed is 3 years imprisonment. The Appellant was arrested in relation to AW2 on 2 March 2023.
AW2 is supplemented by Further Information (“FI”) dated 14 August 2023. The FI confirmed that a decision to charge or try the Appellant had not been made, explaining that the “reason for this is the fact that the proceedings cannot be conducted in absentia”.
- Heading
- Introduction
- The Arrest Warrants
- AW 2
- The Extradition Hearing
- The Appeal/Application
- The Grounds of Appeal
- Ground 2 – Section 25 in respect of AW 1 and AW 2
- Ground 3 – Section 21A / Article 8 ECHR in respect of AW1 and AW2
- The Appellant’s Health
- Fugitivity
- Delay
- Gravity of Offending
- Impact on Family
- Overall Conclusion on Article 8 grounds
- Ground 4 - AW2 whether disproportionate section 21A(1)(b)
- Seriousness of the Conduct ( Section 21 A(3)(a))
- Likely Penalty ( Section 21 A(3)(b))
- Less Coercive Measures ( Section 21 A(3)(c))
- Conclusions
- Ground 1 – Section 12A in respect of AW 2 only: absence of a decision to charge or try
- Discussion and Conclusion
- Fresh Evidence
- Conclusions
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