🇬🇧 United Kingdom →

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.

The United States sought the extradition of a dual British and Lebanese national to face charges arising from an alleged insider-dealing scheme involving confidential information about companies listed on US stock exchanges. The Supreme Court held that, for the purposes of section 137 of the Extradition Act 2003, the location of the conduct must be determined by identifying where the requested person’s relevant physical acts occurred, rather than where their effects were felt. As the substance of the alleged conduct occurred in the United Kingdom and not in the United States, the stricter test applicable to extraterritorial conduct under section 137(4) applied. Equivalent conduct in corresponding circumstances would not fall within the territorial scope of the relevant UK insider-dealing or money-laundering offences; the Court therefore allowed the appeal, discharged the requested person and quashed the extradition order.