Jakub Kowalewski v Polish Judicial Authority

Jakub Kowalewski v Polish Judicial Authority

Permission to appeal on the Article 8 ground is refused because, even if the new Polish sentence is only two years and only six offences remain, the public interest in extradition decisively outweighs the Appellant's private life considerations. The question of permission to appeal and to adduce fresh evidence on the Polish court decisions is adjourned for a rolled-up hearing, as the authenticity and effect of the new evidence must be clarified before a substantive decision can be made.

Parties
Appellant: Jakub Kowalewski; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Extradition Appeal / Permission to Appeal (high Court)
Outcome
Permission to appeal on Article 8 ground refused; applications on new issues adjourned for rolled-up hearing; costs reserved.
Legal Topics
Extradition Proceedings, Article 8 ECHR, Fresh Evidence, Abuse of Process, Particularisation Under Extradition Act 2003
Criminal Law Extradition Law Human Rights Law Extradition Proceedings Article 8 ECHR Fresh Evidence Abuse of Process Particularisation Under Extradition Act 2003

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Parties

Jakub Kowalewski

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Extradition Appeal / Permission to Appeal (high Court)

Legal Issues

  1. 1 Whether fresh evidence regarding Polish court decisions warrants permission to appeal and/or adduce new evidence
  2. 2 Whether the Extradition Arrest Warrant remains valid after changes in the Polish sentencing
  3. 3 Whether Article 8 ECHR rights bar extradition

Ratio Decidendi

Permission to appeal on the Article 8 ground is refused because, even if the new Polish sentence is only two years and only six offences remain, the public interest in extradition decisively outweighs the Appellant's private life considerations. The question of permission to appeal and to adduce fresh evidence on the Polish court decisions is adjourned for a rolled-up hearing, as the authenticity and effect of the new evidence must be clarified before a substantive decision can be made.

Court Disposition

Permission to appeal on Article 8 ground refused; applications on new issues adjourned for rolled-up hearing; costs reserved.

Orders

  • Permission to appeal on Article 8 ground refused.
  • Applications to adduce fresh evidence and amend grounds of appeal adjourned to a rolled-up hearing.