Alun Jones QC and Martin Henley appeared for the successful appellant in Jasvins v Public Prosecutor, Latvia [2020] EWHC 602 (Admin).
The Divisional Court held that the reissue of a European arrest warrant, after a UK court has discharged the defendant on the same factual allegation, is capable of amounting to an abuse of process as a collateral attack on the first decision, and was such an abuse in this case. This judgment is an application of the civil law rule in Henderson v Henderson. The judgment means that it is not necessary for the defendant to argue that the requesting authority has acted in bad faith in issuing a second EAW on the same facts. The decision opens up a new line of attack for defendants facing reissued warrants
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