Court finds that Portuguese Prosecutor is not a “judicial authority” competent to issue extradition requests

District Judge Griffiths has ruled that a Portuguese Prosecutor does not possess the relevant characteristics to be a “judicial authority” competent to issue extradition requests.

On the basis of expert evidence provided by Ms Vania Ramos, a lawyer practising in Portugal, DJ Griffiths found that an extradition request issued by a Portuguese Prosecutor lacks the “dual level of protection” required under EU law. This is because it is not possible - prior to extradition - judicially to review either the national arrest warrant issued in Portugal by the Portuguese Prosecutor, or the extradition arrest warrant issued by the Portuguese Prosecutor.

Graeme Hall’s client was accordingly discharged from the extradition request.

Graeme Hall was instructed by Jonathan Salter from Duncan Lewis Solicitors.