Binder v Public Prosecutor's Office, Memmingem, Germany

Extradition – Hearing. The Administrative Court dismissed the appellant's appeal against the decision to extradite him pursuant to s 21(3) of the Extradition Act 2003. The district judge had been correct in his conclusion that the respondent was a judicial authority within the meaning of s 2 of the Act. The judgment in Ministry of Justice, Republic of Lithuania v Bucnys [2013] UKSC 71 could not be read as seeking to cast any doubt upon the conclusion reached in Assange v Swedish Prosecution Authority [2012] 4 All ER 1249 that a public prosecutor within a member state was a judicial authority. The effect of Bucnys had to be that the conclusion reached in Assange that a public authority was a judicial authority remained valid.

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