Konecny v District Court Czech Republic [2017] EWHC 2360 (Admin) (27 September 2017)

Konecny v District Court Czech Republic [2017] EWHC 2360 (Admin) (27 September 2017)

The relevant period for assessing the passage of time under section 14 Extradition Act 2003 in conviction cases is from the date the appellant became unlawfully at large, i.e., the date of sentence, not the date of the offence. The delay, while unexplained, does not render extradition unjust or oppressive, nor does it make extradition a disproportionate interference with Article 8 rights, given the seriousness of the offences, the lengthy sentence, and the appellant's right to a re-trial in the Czech Republic.

Citation
[2017] EWHC 2360 (Admin)
Parties
Claimant/appellant: Karel Konecny; Defendant/respondent: District Court Czech Republic
Jurisdiction
England and Wales
Judgment Date
27 September 2017
Procedural Posture
Extradition Appeal / High Court Appeal Against Extradition Order
Outcome
Appeal dismissed
Legal Topics
Extradition Act 2003 Section 14, European Arrest Warrant, Article 8 ECHR, Article 6 ECHR, Passage of Time Bar, Unjust or Oppressive Extradition, Right to Fair Trial
Extradition Law Human Rights Law Criminal Law Extradition Act 2003 Section 14 European Arrest Warrant Article 8 ECHR Article 6 ECHR Passage of Time Bar +2 more

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Parties

Karel Konecny

Claimant/appellant

District Court Czech Republic

Defendant/respondent

Procedural Posture

Extradition Appeal / High Court Appeal Against Extradition Order

Legal Issues

  1. 1 Whether extradition is barred by passage of time under section 14 Extradition Act 2003
  2. 2 Whether extradition would be unjust or oppressive due to delay
  3. 3 Whether extradition would constitute a disproportionate interference with Article 8 ECHR rights

Ratio Decidendi

The relevant period for assessing the passage of time under section 14 Extradition Act 2003 in conviction cases is from the date the appellant became unlawfully at large, i.e., the date of sentence, not the date of the offence. The delay, while unexplained, does not render extradition unjust or oppressive, nor does it make extradition a disproportionate interference with Article 8 rights, given the seriousness of the offences, the lengthy sentence, and the appellant's right to a re-trial in the Czech Republic.

Court Disposition

Appeal dismissed

Orders

  • Extradition of the appellant to the Czech Republic is upheld
  • No bar to extradition under section 14 Extradition Act 2003