Cebula v Nation [2019] EWHC 3651 (Admin) (16 April 2019)

Cebula v Nation [2019] EWHC 3651 (Admin) (16 April 2019)

The presumption in favour of bail is displaced due to the applicant's conviction for an offence subject to a European Arrest Warrant, and there are substantial grounds for believing the applicant would fail to surrender, as evidenced by his previous failures to surrender and the District Judge's finding regarding his intent to avoid serving his sentence.

Citation
[2019] EWHC 3651 (Admin)
Parties
Applicant: Cebula; Respondent: Nation
Jurisdiction
England and Wales
Judgment Date
16 April 2019
Procedural Posture
Extradition Bail Application / Renewed Application for Bail Before High Court Following Refusal by District Judge
Outcome
Application for bail refused
Legal Topics
Bail, European Arrest Warrant, Failure to Surrender, Article 8 ECHR, Proportionality
Criminal Law Extradition Law Bail European Arrest Warrant Failure to Surrender Article 8 ECHR Proportionality

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Cebula

Applicant

Nation

Respondent

Procedural Posture

Extradition Bail Application / Renewed Application for Bail Before High Court Following Refusal by District Judge

Legal Issues

  1. 1 Whether the presumption in favour of bail is displaced for a convicted person subject to a European Arrest Warrant
  2. 2 Whether there are substantial grounds for believing the applicant would fail to surrender if granted bail
  3. 3 Whether proportionality requires bail given time already spent in custody and potential delays

Ratio Decidendi

The presumption in favour of bail is displaced due to the applicant's conviction for an offence subject to a European Arrest Warrant, and there are substantial grounds for believing the applicant would fail to surrender, as evidenced by his previous failures to surrender and the District Judge's finding regarding his intent to avoid serving his sentence.

Court Disposition

Application for bail refused

Orders

  • Bail application refused; applicant remains in custody