Ben Joyes secures discharge of Romanian requested person due to lack of dual criminality in firearms case

In a recent first instance ruling, District Judge Rimmer (DJ), sitting at Westminster Magistrates’ Court (WMC), ruled that conduct concerning the possession of an alleged imitation firearm in Romania would not have amounted to a criminal offence had it occurred in England. In 2013, a Romanian court sentenced Mr C to 7 months’ imprisonment for an offence contrary to Article 342 of the Romania Criminal Code. Article 342 concerns “non-compliance with the rules governing weapons and ammunition”, specifically the “act of unlawful possessing or carrying of non-lethal weapons which require a license.” The DJ agreed with the submission made on Mr C’s behalf that the information before the Court failed to demonstrate both that the “weapon” was an imitation firearm, and that it would have required a licence under English law. As a result, the DJ held that the offence was not an extradition offence within the meaning of section 10 of Extradition Act 2003. Mr C was discharged and released from the WMC cells the same day.

Mr C was represented by Ben Joyes of Chambers’ extradition team. Ben was instructed by Laura Hayward of MW Taylor Rose.