Cwikla v Polish Judicial Aurhtority [2017] EWHC 2348 (Admin) (08 September 2017)

Cwikla v Polish Judicial Aurhtority [2017] EWHC 2348 (Admin) (08 September 2017)

The District Judge's conclusion that extradition was not disproportionate under Article 8 ECHR was not wrong, given the seriousness of the offences, the appellant's status as unlawfully at large, and the existence of adequate facilities for pregnant prisoners and young children in Poland.

Source-derived case information.

Citation
[2017] EWHC 2348 (Admin)
Parties
Appellant: CWIKLA; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
08 September 2017
Procedural Posture
Extradition Appeal / High Court Appeal From District Judge's Extradition Order
Outcome
Appeal dismissed
Legal Topics
European Arrest Warrant, Article 8 ECHR, Family Life, Delay in Prosecution, Proportionality in Extradition
Criminal Law Extradition Law Human Rights Law European Arrest Warrant Article 8 ECHR Family Life Delay in Prosecution Proportionality in Extradition

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Parties

CWIKLA

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Extradition Appeal / High Court Appeal From District Judge's Extradition Order

  1. 1 Whether extradition would be disproportionate under Article 8 ECHR due to impact on family life and delay since offences
  2. 2 Whether the District Judge erred in the Article 8 balancing exercise

Ratio Decidendi

The District Judge's conclusion that extradition was not disproportionate under Article 8 ECHR was not wrong, given the seriousness of the offences, the appellant's status as unlawfully at large, and the existence of adequate facilities for pregnant prisoners and young children in Poland.

Court Disposition

Appeal dismissed

Orders

  • Extradition order upheld
  • No further orders made