Oraczko v District Court in Krakow

Oraczko v District Court in Krakow

The appeal was dismissed because the District Judge was entitled to find that the appellant fled Poland knowing of the allegations, delay was attributable to the appellant, and there were no exceptional circumstances making extradition unjust or oppressive under section 14 of the Extradition Act 2003.

Parties
Claimant: Boguslaw Oraczko; Defendant: District Court in Krakow
Jurisdiction
England and Wales
Judgment Date
09 April 2008
Procedural Posture
Extradition Appeal / Appeal From Order for Extradition
Outcome
Appeal dismissed
Legal Topics
Extradition Act 2003, European Arrest Warrant, Passage of Time Bar, Section 14 Extradition Act
Criminal Law Extradition Extradition Act 2003 European Arrest Warrant Passage of Time Bar Section 14 Extradition Act

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 2
Sign in to unlock

Parties

Boguslaw Oraczko

Claimant

District Court in Krakow

Defendant

Procedural Posture

Extradition Appeal / Appeal From Order for Extradition

Legal Issues

  1. 1 Whether extradition is barred under section 14 of the Extradition Act 2003 due to passage of time
  2. 2 Whether the District Judge erred in finding the appellant fled Poland knowing of the allegations
  3. 3 Whether the offences are too minor or the appellant's settled life in the UK makes extradition oppressive

Ratio Decidendi

The appeal was dismissed because the District Judge was entitled to find that the appellant fled Poland knowing of the allegations, delay was attributable to the appellant, and there were no exceptional circumstances making extradition unjust or oppressive under section 14 of the Extradition Act 2003.

Court Disposition

Appeal dismissed

Orders

  • Extradition order stands
  • Detailed assessment of legal aid granted