[2025] EWHC 1956 (Admin)

Key to this case is a clear understanding of the appellant’s criminal offending, both proved and alleged. Under section 21 of the Act, the court must assess the seriousness of the underlying conduct alleged. Further, and since there is no evidence about the “likely” sentence for the AW2 offences in Lithuania, the court must assess the comparable sentencing in the United Kingdom, and have regard to the most relevant domestic sentencing guidelines issued by the Sentencing Council. This is on the assumption, as noted by Pitchford LJ in Miraszewski at para 36, that a broad and “approximate parity” exists between Convention signatories in their criminal justice systems. As he continued at para 38:

“It would be contrary to the objectives of the Framework Decision to bring mutual respect and reasonable expedition to the extradition process if in every case the judge had to require evidence of the likely penalty from the issuing state.”