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Representing the first appellant Benjamin was led by David Perry QC before a Divisional Court including Lord Thomas LCJ. It is the leading case on Section 12A of the Extradition Act 2003.
Requesting judicial authorities must have made sufficient progress in a prosecution against an accused individual before that person can be extradited from the UK under a European Arrest Warrant. Decisions to charge and to try must have been made, except where the sole reason for the failure to make those decisions is the absence of the individual from the jurisdiction. The Court also considered mutual legal assistance. If the judicial authority states that it cannot charge or make a decision to try the individual because she is absent from the jurisdiction, then there should be no further questions and the issue of mutual legal assistance is irrelevant to the bar under Section 12A.