Circuit of Lodz (Poland) v

Circuit of Lodz (Poland) v

The ambiguity between the descriptions in the EAW ('cartridge case of a round' versus 'possessed ammunition') meant the court could not be sure, to the criminal standard, that the item was live ammunition. Therefore, the facts did not amount to an extradition offence under UK law, and the discharge by the district judge was correct.

Parties
Appellant/respondent: Judicial Authority (Poland); Respondent/appellant: Requested Person (Polish national)
Jurisdiction
England and Wales
Judgment Date
08 December 2020
Procedural Posture
Extradition Appeal / Substantive Appeal From Discharge at Magistrates’ Court
Outcome
appeal dismissed
Legal Topics
Dual Criminality, European Arrest Warrant, Firearms Offences, Standard of Proof, Article 8 ECHR
Criminal Law Extradition Law Dual Criminality European Arrest Warrant Firearms Offences Standard of Proof Article 8 ECHR

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 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Judicial Authority (Poland)

Appellant/respondent

Requested Person (Polish national)

Respondent/appellant

Procedural Posture

Extradition Appeal / Substantive Appeal From Discharge at Magistrates’ Court

Legal Issues

  1. 1 Whether the facts disclosed by the European Arrest Warrant amount to an extradition offence under UK law
  2. 2 Interpretation of 'cartridge case of a round' versus 'possessed ammunition' in the context of the Firearms Act 1968
  3. 3 Whether the district judge applied the correct standard of proof

Ratio Decidendi

The ambiguity between the descriptions in the EAW ('cartridge case of a round' versus 'possessed ammunition') meant the court could not be sure, to the criminal standard, that the item was live ammunition. Therefore, the facts did not amount to an extradition offence under UK law, and the discharge by the district judge was correct.

Court Disposition

appeal dismissed

Orders

  • Discharge of the requested person in respect of offence 2 confirmed
  • Adjournment of remaining applications to a rolled-up hearing after Divisional Court judgments in Wozniak and Schlavicz