Tuesday 31 January 2012

Case details - The Supreme Court

Case details

General
General
CaseID UKSC 2011/0264
Case name Assange (Appellant) v The Swedish Judicial Authority (Respondent)
Case stage Hearing Scheduled
Date of issue 15 Dec 2011
Expedition requested Requested
Order being appealed - Date 02 Nov 2011
Order being appealed - Court Divisional Court QBD (EW)
Devolution No
Human Rights raised Yes
Human Rights raised - details Article 5(3)
Intervener Yes
Summary
Case Summary
On appeal from the Divisional Court of the Queen's Bench Division (England and Wales)

Issue

Whether a European Arrest Warrant (“EAW”) issued by a public prosecutor is a valid Part 1 EAW issued by a “judicial authority” for the purpose and within the meaning of sections 2 and 66 of the Extradition Act 2003.

Facts

The Appellant, a journalist well known through his operation of Wikileaks, visited Sweden to give a lecture in August 2010. He had sexual relations with two women. Both women went to the police who treated their visits as the filing of complaints. The Appellant was interviewed by police and subsequently left Sweden in ignorance of the fact that a domestic arrest warrant had been issued for him. Proceedings were brought in the Swedish courts in the Appellant’s absence, although he was represented, in which a domestic warrant for the Appellant’s detention for interrogation was granted and upheld on appeal. Subsequently, an EAW for the Appellant was issued by the Swedish Prosecution Authority that set out allegations of four offences of unlawful coercion and sexual misconduct including rape. The EAW was certified by the UK Serious Organised Crime Agency under the Extradition Act 2003. The Appellant surrendered himself for arrest in the UK and, following an extradition hearing, his extradition to Sweden was ordered. The order was upheld on appeal to the Divisional Court.


Subject Matter catchwords for indexing

Extradition – European Arrest Warrant – Judicial Authority

Permission to appeal
Permission to appeal
Date supporting documents received 15 Dec 2011
Date PTA application referred to justices   
Date of oral hearing   
Permission granted/refused Granted
Notice of intention to proceed filed Yes

Parties
Parties
Appellant name Julian Paul Assange
Appellant case due date   
Appellant case date filed 13 Jan 2012
Respondent name The Swedish Prosecution Authority
Date form 3 filed   
Date form 3 issued   
Respondent case due date   
Respondent case date filed 17 Nov 2012
Intervener - names Gerard Batten and Vladimir Bukovsky
Lord Advocate
Appeal
Appeal
Justices allocated Yes
Justices allocated - names Lord Phillips of Worth Matravers
Lord Brown of Eaton-under-Heywood
Lord Kerr of Tonaghmore
Lord Wilson
PTA granted by court below No
Statement of facts & issues and Appendix due date   
Statement of facts & issues and Appendix date filed 12 Jan 2012
Time estimate   
Time estimate received   
Time estimate number of days 2 days
Hearing date 01 Feb 2012
Other hearing location
Core volumes due date   
Core volumes date filed   
Authorities due date   
Authorities date filed   
Hand down date