Salvis Auzins (No. 2) v Prosecutor General’s Office of the Republic of Latvia, Divisional Court, 9 December 2016

David Mitchell was appointed by the Attorney General to act as an amicus curiae in an extradition appeal before the Divisional Court. The appeal concerns construction of sections 36B(2)(a) and 214 of the Extradition Act 2003 concerning whether a requested person, convicted of a summary offence in the Magistrates’ Court and who is appealing against that conviction should be treated as though “the charge is disposed of” within the meaning of the Act, such that he can be extradited. The point of construction turns on the application of Scots as well as English law.