Cwikla v Polish Judicial Aurhtority

Cwikla v Polish Judicial Aurhtority

The District Judge's conclusion that extradition would not be disproportionate under Article 8 ECHR was not wrong, given the seriousness of the offences, the public interest in extradition, and the facilities available for pregnant women and mothers in Polish prisons.

Parties
Appellant: CWIKLA; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
08 September 2017
Procedural Posture
Extradition Appeal / Appeal Against Order for Extradition
Outcome
appeal dismissed
Legal Topics
European Arrest Warrant, Article 8 ECHR, Proportionality, Family Life, Delay in Prosecution
Criminal Law Extradition Law Human Rights Law European Arrest Warrant Article 8 ECHR Proportionality Family Life Delay in Prosecution

Case Brief

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Parties

CWIKLA

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Extradition Appeal / Appeal Against Order for Extradition

Legal Issues

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

Ratio Decidendi

The District Judge's conclusion that extradition would not be disproportionate under Article 8 ECHR was not wrong, given the seriousness of the offences, the public interest in extradition, and the facilities available for pregnant women and mothers in Polish prisons.

Court Disposition

appeal dismissed

Orders

  • Extradition order upheld
  • No further relief granted