Krajewski v Circuit Court of Torun, Poland & Anor [2011] EWHC 1068 (QB) (20 April 2011)

Krajewski v Circuit Court of Torun, Poland & Anor [2011] EWHC 1068 (QB) (20 April 2011)

The appeal against the uncontested order of 29 June 2010 was dismissed as irredeemably out of time due to failure to serve the notice of appeal within the statutory period. The appeal against the contested order of 11 November 2010 was dismissed on the merits: the offences were extradition offences, there was no bar by passage of time, Article 4(6) did not apply, and there was no evidence of risk to the appellant's ECHR rights in Poland.

Citation
[2011] EWHC 1068
Parties
Appellant: Kamil Krajewski; First Respondent: Circuit Court of Torun, Poland; Second Respondent: Regional Court of Bydgoszcz, Poland
Jurisdiction
England and Wales
Judgment Date
20 April 2011
Procedural Posture
Extradition Appeal / High Court (administrative Court) Appeal From Magistrates' Court Orders
Outcome
Both appeals dismissed
Legal Topics
European Arrest Warrant, Extradition Act 2003, Double Jeopardy, Passage of Time Bar, Human Rights (echr), Abuse of Process, In Absentia Conviction, Article 4(6) Framework Decision
Criminal Law Extradition Law Human Rights Law European Arrest Warrant Extradition Act 2003 Double Jeopardy Passage of Time Bar Human Rights (echr) +3 more

Case Brief

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Parties

Kamil Krajewski

Appellant

Circuit Court of Torun, Poland

First Respondent

Regional Court of Bydgoszcz, Poland

Second Respondent

Procedural Posture

Extradition Appeal / High Court (administrative Court) Appeal From Magistrates' Court Orders

Legal Issues

  1. 1 Whether the appellant's appeals against extradition orders were validly brought within time
  2. 2 Whether the offences in the European Arrest Warrants were extradition offences under the Extradition Act 2003
  3. 3 Whether extradition was barred by double jeopardy, passage of time, human rights, mental condition, or abuse of process

Ratio Decidendi

The appeal against the uncontested order of 29 June 2010 was dismissed as irredeemably out of time due to failure to serve the notice of appeal within the statutory period. The appeal against the contested order of 11 November 2010 was dismissed on the merits: the offences were extradition offences, there was no bar by passage of time, Article 4(6) did not apply, and there was no evidence of risk to the appellant's ECHR rights in Poland.

Court Disposition

Both appeals dismissed

Orders

  • Appeal against the order of 29 June 2010 dismissed as out of time
  • Appeal against the order of 11 November 2010 dismissed on the merits