Miraszewski & Ors v District Court In Torun & Anor [2014] EWHC 4261 (Admin) (17 December 2014)

Miraszewski & Ors v District Court In Torun & Anor [2014] EWHC 4261 (Admin) (17 December 2014)

Extradition was not incompatible with the appellants' Convention rights under Article 8 ECHR and was not disproportionate under section 21A(1)(b) because the offences were not trivial, custodial sentences were likely, and less coercive measures were not appropriate. The statutory proportionality test was correctly applied by the District Judges.

Citation
[2014] EWHC 4261 (Admin)
Parties
1st Appellant: Janusz Miraszewski; 2nd Appellant: Lukasz Kanigowski; 3rd Appellant: Marcin Fluśniak; 1st and 2nd Respondents: District Court in Torun, Poland; 3rd Respondent: Circuit Court, Rzeszow, Poland
Jurisdiction
England and Wales
Judgment Date
17 December 2014
Procedural Posture
Appeal (extradition) / Divisional Court Judgment on Appeal From Westminster Magistrates' Court
Outcome
Appeals dismissed
Legal Topics
European Arrest Warrant, Proportionality in Extradition, Article 8 ECHR, Section 21 a Extradition Act 2003, Delay in Extradition Proceedings
Extradition Law Human Rights Law Criminal Law European Arrest Warrant Proportionality in Extradition Article 8 ECHR Section 21 a Extradition Act 2003 Delay in Extradition Proceedings

Case Brief

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Parties

Janusz Miraszewski

1st Appellant

Lukasz Kanigowski

2nd Appellant

Marcin Fluśniak

3rd Appellant

District Court in Torun, Poland

1st and 2nd Respondents

Circuit Court, Rzeszow, Poland

3rd Respondent

Procedural Posture

Appeal (extradition) / Divisional Court Judgment on Appeal From Westminster Magistrates' Court

Legal Issues

  1. 1 Whether extradition of the appellants to Poland is compatible with their Convention rights under Article 8 ECHR
  2. 2 Whether extradition would be disproportionate under section 21A(1)(b) Extradition Act 2003

Ratio Decidendi

Extradition was not incompatible with the appellants' Convention rights under Article 8 ECHR and was not disproportionate under section 21A(1)(b) because the offences were not trivial, custodial sentences were likely, and less coercive measures were not appropriate. The statutory proportionality test was correctly applied by the District Judges.

Court Disposition

Appeals dismissed

Orders

  • Extradition of all three appellants to Poland confirmed