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
Source-derived case record
Summary, issues, holding and outcome
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Parties
CWIKLA
Appellant
Polish Judicial Authority
Respondent
Procedural Posture
Extradition Appeal / High Court Appeal From District Judge's Extradition Order
Legal Issues
- 1 Whether extradition would be disproportionate under Article 8 ECHR due to impact on family life and delay since offences
- 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
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