Considering high public interest, the Prosecutor’s Office of Georgia would like to state the following regarding the case of Jack Sebastian Shepherd: pursuant to the current legislation, any person subjected to extradition may require to be surrendered to the requesting state through the simplified procedure. If they are willing so, they must express consent before the court.
Moreover, for the purposes to establish the opinion of the person subjected to extradition on surrendering themselves to the requesting state, prosecutor must file a relevant motion with the court. It should be noted, that by such motion the prosecution does not request to find extradition of such person permissible but to make person subjected to extradition express their position - whether they give consent to be extradited through the simplified procedure or not.
On January 29, 2019, intending to perform this obligation, the Prosecutor’s Office of Georgia filed a motion with Tbilisi City Court to schedule a hearing in order to enable J. Shepherd to express their position - whether they wanted to be extradited through the simplified procedure or not. After J. Shepherd refused to be extradited through the simplified procedure, he will be surrendered to the UK though the standard extradition procedures. Namely, under to the current law, within 40 days after receiving and studying the extradition materials the Office of the Prosecutor General of Georgia shall file a motion with a relevant district (city) court within reasonable terms to find extradition to the requesting state admissible. The decision of the court may be appealed only once by filing a private cassation appeal with the Chamber of Criminal Cases of the Supreme Court of Georgia.
The Minister of Justice of Georgia will be informed about the court’s decision regarding the matter of permissibility, following which Minister will make the final decision on extradition of the person to the relevant foreign state.