Carpenter v Pre-Trial Investigation Court Milan, Italy

Extradition – Decision to charge or try. The judge had fallen into error in concluding that, by looking at the European arrest warrant seeking the appellant's extradition to Italy to face two charges of fraud and money laundering alone, there had been no reasonable grounds for believing that a decision to try had not been made and the judge should have considered the question at stage 2, in which the burden of showing the relevant matters fell on the respondent judicial authority. Accordingly, Divisional Court directed the parties to file and serve written submissions as to the appropriate form of remedy or relief.

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