In R (XN) v Westminster Magistrates’ Court (neutral citation pending), the High Court quashed a warrant which permitted Mr. XN’s arrest in the UK for purposes of prosecution in Kosovo.
Choudhury J concluded that the District Judge had acted unlawfully when he issued a warrant under section 71(2) of the Extradition Act 2003 since he did not have any evidence before him from the requesting State. He read section 71 together with section 84 of the 2003 Act. He held that there was a “minimum evidential requirement” where a requesting State is required to provide “evidence”, not “information, to obtain a domestic arrest warrant.
Stefan Hyman was led by Helen Malcolm KC of 3 Raymond Buildings. Both were instructed by Lansbury Worthington Solicitors.
