Jonathan Swain obtains successful discharge from Hungarian European Arrest Warrant before Westminster Magistrates’ Court

14 January 2020

The Hungarian authorities had sought the extradition of a Hungarian national, resident in the UK since 2008, to be prosecuted for eighteen fraud and forgery offences allegedly occurring between 2004 and 2007.

Issues had been raised about the validity of the EAW, the offences in the EAW, the need for an adequate prison assurance to guarantee the conditions of detention would comply with Article 3 of the European Convention of Human Rights, and his private and family life in this country factoring in the long delay.

At the extradition hearing, Jonathan Swain, instructed by Ruta Mikailaite of MW Solicitors, opposed an application by the Judicial Authority for additional time to obtain an adequate assurance and further information given the significant failure to progress the case which was already well outside the 90 day timeframe under the Framework Decision.

The District Judge agreed with the submissions made on behalf of the requested person, and refused the application by the Judicial Authority. Absent an assurance, the District Judge ordered the discharge of the requested person. There is to be no appeal against the decision.

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