Professor Clara Ponsatí could be extradited to Spain using Treason Felony Act 1848

Scottish prosecutors have confirmed that could use the Treason Felony Act 1848 to argue that Professor Ponsatí should be extradited to Spain to face charges of rebellion in connection with the Catalan Independence referendum of 2017. Under the principle of dual-criminality, Professor Ponsatí cannot be extradited to Spain, unless Scottish prosecutors can prove that the offences she is accused of would constitute crimes in Scotland or are included with the Framework List of offences for the European Arrest Warrant. Under the 1848 Act, the offence of “levying war in the realm” could mean that there is an equivalent crime in Scotland to the rebellion charges she faces in Spain.

The next procedural hearing in the case is scheduled for the 24th July and the full hearing is due to begin on the 30th July.