Assange: what can the Judge do?

Assange has been denied bail. I’m wondering what the judge can actually do in this case? Obviously, he can accept or reject the warrant, but could he do anything else? For instance, grant asylum, or deport Assange to Australia?

He’s been arrested, as far as I can make out, on foot of a European Arrest Warrant, an intra-EU procedure which is supposed to be pretty streamlined. There are very limited grounds on which extradition can be refused; the idea is that, so far as possible, all issues of substance will be dealt with after extradition, in the charging country.

I would guess that Assange’s best chance of avoiding extradition is to argue that Sweden improperly issued the warrant - that the conditions laid down by EU law for issuing an EAW have not in fact been satisfied. But I don’t know enough of the facts to say whether there is any mileage in this.

I doubt that extradition to Australia is an option in these proceedings; if Assange is not deported to Sweden on foot of the EAW, the court will release him. Of course, the Home Office might take independent steps to deport him, presumably to Australia, but again I don’t know on what basis he obtained entry to the UK or whether there are grounds for deportation.

The Judge in this case is a District Judge, which is the lowest level of professional judiciary in England and Wales.

Decisions over whether to deport people or whether to grant aslyum are not made in the first instance by Judges and the appeal process is dealt with by Judges appointed to tribunals to specifically deal with issues of immigration and asylum.

This article explains some of the legal ins and outs: