The four-month extradition threshold is assessed by reference to the total sentence imposed, not its individual components (Tobosaru & Tofan v Romania)

Share this case

🇬🇧 Summary

The High Court dismissed two appeals against extradition orders to Romania and confirmed that, in conviction cases involving multiple offences, the four-month threshold is assessed by reference to the single aggregate, merged or cumulated sentence imposed by the requesting State. The executing court is not required to disaggregate that sentence or determine the portion attributable to each individual offence, even where some underlying conduct does not satisfy double criminality, provided that the specialty principle protects the requested person after surrender. The Court held that Pilecki v Poland remains binding after Brexit and is consistent with both sections 10 and 65 of the Extradition Act 2003 and Article 599 of the EU–UK Trade and Cooperation Agreement. It also rejected the Article 8 challenges and recorded that two non-existent authorities, apparently originating from unverified use of generative artificial intelligence, had been cited in earlier prosecution submissions but had no effect on the appeal.

Cite this case

Need to reference this case in a brief, article or submission?