Wawrzyczek v District Court In Bielsko-Biala, Poland [2015] EWHC 2854 (Admin) (09 October 2015)

The appellant was not personally served with either summons; absence from trial was not deliberate; extradition is barred by section 20 Extradition Act 2003 as appellant is not entitled to a retrial.

Citation: [2015] EWHC 2854 (Admin)
Parties: Appellant/requested Person: Adam Wawrzyszek; Respondent/requesting JA: District Court in Bielsko-Biala, Poland
Jurisdiction: England and Wales
Judgment Date: 09 October 2015
Procedural Posture: Appeal Under S.26 of the Extradition Act 2003 / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: European Arrest Warrant, Conviction Extradition, Retrial Rights, Dual Criminality, Passage of Time, Article 8 ECHR

Extradition Law Criminal Law European Arrest Warrant Conviction Extradition Retrial Rights Dual Criminality Passage of Time Article 8 ECHR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2

Parties

Adam Wawrzyszek

Appellant/requested Person

District Court in Bielsko-Biala, Poland

Respondent/requesting JA

Procedural Posture

Appeal Under S.26 of the Extradition Act 2003 / Judgment on Appeal

Legal Issues

1 whether appellant was personally served with summonses
2 whether absence from trial was deliberate
3 entitlement to retrial under section 20 Extradition Act 2003

Ratio Decidendi

The appellant was not personally served with either summons; absence from trial was not deliberate; extradition is barred by section 20 Extradition Act 2003 as appellant is not entitled to a retrial.

Court Disposition

appeal allowed

Orders

extradition order set aside
appellant not to be extradited to Poland