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 is dismissed as irredeemably out of time due to failure to serve notice on the respondent within the statutory period. The appeal against the contested order of 11 November 2010 is dismissed on the merits: the offences are extradition offences under the Act, there is no bar due to passage of time or human rights, fresh evidence does not meet the admissibility threshold, and Article 4(6) of the Framework Decision does not apply.

Citation
[2011] EWHC 1068 (QB)
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 Appeal From Magistrates' Court Orders
Outcome
Appeals dismissed
Legal Topics
European Arrest Warrant, Extradition Act 2003, Double Jeopardy, Passage of Time Bar, Human Rights (echr Articles 3, 6, 8), Abuse of Process, Fresh Evidence on Appeal
Criminal Law Extradition Law Human Rights Law European Arrest Warrant Extradition Act 2003 Double Jeopardy Passage of Time Bar Human Rights (echr Articles 3, 6, 8) +2 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 Appeal From Magistrates' Court Orders

Legal Issues

  1. 1 Whether the appellant's appeals against extradition orders are valid and in time
  2. 2 Whether the offences are extradition offences under the Act
  3. 3 Whether extradition is barred by double jeopardy, passage of time, or human rights grounds

Ratio Decidendi

The appeal against the uncontested order of 29 June 2010 is dismissed as irredeemably out of time due to failure to serve notice on the respondent within the statutory period. The appeal against the contested order of 11 November 2010 is dismissed on the merits: the offences are extradition offences under the Act, there is no bar due to passage of time or human rights, fresh evidence does not meet the admissibility threshold, and Article 4(6) of the Framework Decision does not apply.

Court Disposition

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