High Court Dismisses USA Attempt to Extradite Gypsy Nirvana From UK

The conduct with which Mr Nirvana would be charged, if he were prosecuted in the United States, is conduct which does not constitute a criminal offence in the place where the conduct in fact occurred (the UK). It is an important principle of extradition law that a person is not to be extradited in such circumstances.

1. The government of the United States of America has requested the extradition from this country of Mr Gypsy Nirvana to face criminal prosecution in Maine on a four count indictment returned by a Grand Jury on 14 August 2013 charging Mr Nirvana with offences of: (1) conspiracy to traffic marijuana; (2) conspiracy to import marijuana; (3) conspiracy to export marijuana; and (4) conspiracy to commit money laundering – in each case contrary to the laws of the United States.
2. Following an extradition hearing, the District Judge, for reasons given in a ruling dated 30 August 2017, refused the request for extradition and discharged Mr Nirvana. The essential reason for that decision was that the conduct of which Mr Nirvana is accused in the United States consists of trafficking, importing and exporting marijuana seeds and related money transactions, and that such conduct does not constitute a criminal offence under UK law. A necessary requirement for extradition was, therefore, not satisfied. The United States was given leave to appeal against that decision.This is the hearing of the appeal.

 Read on: Bailii, 27/03/2018, https://is.gd/0DReGV