Laura Herbert secures first ever reference to the CJEU from Magistrates’ Court.

Laura Herbert, in a joint application with the defence, persuaded District Judge Griffiths sitting at Westminster Magistrates’ Court to refer a question to the Court of Justice of the European Union ("CJEU"). The question relates to an ‘accusation’ European Arrest Warrant (‘EAW’) issued by a Bulgarian Public Prosecutor. The Judge accepted it was necessary to make such a referral as the case raised the fundamental issue of whether a Bulgarian Public Prosecutor can be an ‘issuing judicial authority’, where where both a National Arrest Warrant and EAW are issued by the Public Prosecutor. The Judge accepted that the concept of an ‘issuing judicial authority’ was an autonomous one under EU law and therefore this required determination by the European Court.

A similar reference to the CJEU, raising the same issue, was made earlier this year by the High Court in VA v Bulgaria (C-206/20). In that case the requested person had been granted conditional bail, and an expedited procedure was refused by the Luxembourg Court. The District Judge in this case, however, was persuaded to make a further reference as the requested person was held in custody pending resolution of this issue.

Laura was instructed by the CPS Extradition Unit and was assisted in her written submissions by Jonathan Hall QC and Jonathan Swain who had acted for the CPS in VA.