AC v Polish Judicial Authority

AC v Polish Judicial Authority

There was no evidence that the EAW was issued or punishment imposed due to AC's Roma ethnicity, nor evidence that Polish judiciary punishes Roma for their race. Although extradition would severely disadvantage AC's children, the public interest in extradition and AC's abuse of the period of grace outweighs the interests of the children. Arrangements for care could have been made and there were other adults available.

Parties
Appellant: AC; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
14 November 2012
Procedural Posture
Extradition Appeal / Appeal Judgment
Outcome
Appeal dismissed; extradition ordered.
Legal Topics
Extradition, Article 8 ECHR, Discrimination, Child Welfare
Criminal Law Human Rights Law Extradition Law Extradition Article 8 ECHR Discrimination Child Welfare

Case Brief

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Parties

AC

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Extradition Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether extradition is barred by discrimination under s.13 Extradition Act 2003
  2. 2 Whether extradition would disproportionately interfere with Article 8 rights due to impact on children

Ratio Decidendi

There was no evidence that the EAW was issued or punishment imposed due to AC's Roma ethnicity, nor evidence that Polish judiciary punishes Roma for their race. Although extradition would severely disadvantage AC's children, the public interest in extradition and AC's abuse of the period of grace outweighs the interests of the children. Arrangements for care could have been made and there were other adults available.

Court Disposition

Appeal dismissed; extradition ordered.

Orders

  • AC to be extradited to Poland to serve sentence.
  • No bar to extradition under s.13 Extradition Act 2003.