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No abuse of process in extradition – description of the offence not proven incorrect

Sulaiman v Tribunal de Grande Instance, Paris [2016] EWHC 2868 (Admin)

Related Member(s):
Mark Summers QC
Related Practice Area(s):
Crime and Regulatory Law, Extradition and Mutual Assistance
Court:

An appeal against an order that the appellant be extradited to France in respect of a European Arrest Warrant, after the appellant had been convicted of organised fraud and aggravated money laundering. Issues for determination by the court: (1) whether the description of the money laundering offence in the EAW is a Zakrzewski abuse of process, meaning that the appellant should not be extradited; and (2) if the appellant cannot be extradited for the money laundering offence, whether the appellant’s extradition for the organised fraud is barred by reason of specialty pursuant to the Extradition Act 2003, s 17.

Held: no Zakrzewski abuse of process, because it was not clear and beyond legitimate dispute that the description of the money laundering offence was incorrect. Offences of money laundering extend to extraterritorial actions: a Court in England and Wales has jurisdiction to try the appellant for money laundering if the activities that had occurred in Paris had occurred in England, and the activities which had occurred in Amsterdam and London had occurred overseas from the UK. The second ground of appeal did not arise, because the appellant could be extradited for the money laundering offence.

Mark Summers QC was involved in this case.