Wawrzyczek v District Court In Bielsko-Biala, Poland

Wawrzyczek v District Court In Bielsko-Biala, Poland

The court was not satisfied to the criminal standard that the appellant was personally served with either summons. The evidence, including wage slips, undermined the finding that he was served or deliberately absented himself. As he is not entitled to a retrial if extradited, extradition is barred under section 20 of the Extradition Act 2003.

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
Extradition Appeal / High Court Appeal Against Extradition Order
Outcome
Appeal allowed; extradition order quashed.
Legal Topics
Extradition Proceedings, European Arrest Warrant, Right to Retrial, Service of Summons, Article 8 ECHR
Criminal Law Extradition Law Human Rights Extradition Proceedings European Arrest Warrant Right to Retrial Service of Summons Article 8 ECHR

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Parties

Adam Wawrzyszek

Appellant/requested Person

District Court in Bielsko-Biala, Poland

Respondent/requesting JA

Procedural Posture

Extradition Appeal / High Court Appeal Against Extradition Order

Legal Issues

  1. 1 Whether the appellant was personally served with summonses for trial in Poland
  2. 2 Whether the appellant deliberately absented himself from trial
  3. 3 Whether extradition is barred under section 20 of the Extradition Act 2003

Ratio Decidendi

The court was not satisfied to the criminal standard that the appellant was personally served with either summons. The evidence, including wage slips, undermined the finding that he was served or deliberately absented himself. As he is not entitled to a retrial if extradited, extradition is barred under section 20 of the Extradition Act 2003.

Court Disposition

Appeal allowed; extradition order quashed.

Orders

  • Extradition of Adam Wawrzyszek to Poland is barred under section 20 of the Extradition Act 2003.
  • Extradition order is quashed.