THE LORD ADVOCATE, CROWN OFFICE, EDINBURGH (ON BEHALF OF THE KINGDOM OF SPAIN) AGAINST SCOTT HARRISON

[1] On 28 th May 2015 at a continued full hearing, Scott Harrison appeared before me on a European Arrest Warrant (EAW) dated 12th September 2014. He is wanted by the Kingdom of Spain to serve a sentence of 4 years imprisonment following a conviction by a court in Malaga on 9 th October 2012. The Respondent is a British national living with his partner and children in Glasgow. The Lord Advocate now seeks a warrant for his extradition to Spain, to serve the sentence.

[3] Spain is an independent sovereign state which joined the Council of Europe on 24 th November 1977. It has been a member of the European Union since 1 st January 1986. In such circumstances, Spain, has been designated a category 1 territory in terms of section 1 of the Extradition Act 2003, and Part 1 of the Act accordingly applies. See the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003/3333 as amended by the Extradition Act 2003 (Amendment to Designations) Order 2005/365 (March 1, 2005).

[4] I heard evidence from the respondent and received translated copies of certain clarifications from the Spanish judicial authority which comprised:

[5] On the basis of the evidence I heard from the respondent, the content of the EAW and the clarification documents submitted I have constructed the following chronology of events which are also findings in fact:

[6] Counsel for the respondent argued that the EAW was formally defective and did not comply with the statutory requirements contained in s2(5) and s2(6) of the Extradition Act 2003. I disagree. These sections provide that to be valid a conviction EAW must contain a statement and certain information: