Lithuania v Z: Ben Joyes secures discharge of requested person in Lithuanian extradition proceedings due to the presence of less coercive measures

21 May 2021

On Monday 17 May 2021, District Judge Baraitser, in a rare judgment focusing on video link trials and section 21A(3)(c) of the Extradition Act 2003, discharged the requested person, Z, on the basis that “less coercive measures have already been adopted by the judicial authority and used to secure [his] attendance at a Lithuanian court.” It was submitted that “in light of the judicial authority’s agreement to [Z] attending his trial via video link, extradition is unnecessary and wholly disproportionate.” The District Judge agreed with the submissions made on Z's’ behalf – which were strenuously opposed by the CPS at the extradition hearing – and made the following concluding remarks: “[Z] has voluntarily co-operated with this process and I have been given no reason to believe that he will not continue to do so, to the trial’s conclusion. I cannot see how his surrender is now required for the purposes of conducting this criminal prosecution. My evaluation of this factor alone has led me to conclude that extradition would be disproportionate. I therefore order [Z’s] discharge pursuant to section 21A(4)(b).”

Ben Joyes was instructed by John Molleskog, Partner & Deputy Head of Crime & Extradition at Taylor Rose MW.