Administrative legal aid scheme in European arrest warrant cases was not unconstitutional

European arrest warrant - application of "Legal Aid Custody Issues Scheme" - conviction in UK of tax fraud - surrender sought to serve sentence - charge of absconding - equality before the law - Article 40.1, constitution - no requirement of legal aid in framework decision - non-statutory provision of legal aid in EAW case - administrative scheme rather than statutory - certification only available at close of proceedings - recommendation of legal aid at commencement of proceedings - scheme not binding on Attorney General - AG could refuse to honour any recommendation - question posed: “Is it correct that Article 11.2 of the Framework Decision (on the European Arrest Warrant) in conjunction with Article 47 of the EU Charter and the general principles of EU law imposes no obligation to provide legal aid, whether as of right or otherwise for indigent respondents in EAW cases that do not have the skill to represent themselves?” - appeal on two issues: i. whether inequality under constitution arising from discretionary scheme, giving rise to potential order of surrender inconsistent with the constitution; ii. whether necessary to refer issue to CJEU - preliminary objection only - consequences of finding of unconstitutionality of legal aid provisions - differences between Legal Aid (Custody) Scheme of 2003 and the Criminal Justice (Legal Aid) Act 1962.