District Court of Warszawa Poland , R.(On Application of) v Kubun

District Court of Warszawa Poland , R.(On Application of) v Kubun

The court held that the Multiple Offences Order allows extradition for offences properly specified in the warrant, even if others are defective; the second offence was too vague regarding place and circumstances, failing Section 2(4)(c) requirements.

Parties
Claimant: District Court of Warszawa Poland; Defendant: Kubun; Defendant: District Court of Warszawa-Praga
Jurisdiction
England and Wales
Judgment Date
10 October 2012
Procedural Posture
Extradition Appeal / Judgment
Outcome
both appeals dismissed
Legal Topics
Extradition Offences, Warrant Specification, Multiple Offences, Procedural Requirements
Criminal Law Extradition Law Extradition Offences Warrant Specification Multiple Offences Procedural Requirements

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 5 Party arguments 2
Sign in to unlock

Parties

District Court of Warszawa Poland

Claimant

Kubun

Defendant

District Court of Warszawa-Praga

Defendant

Procedural Posture

Extradition Appeal / Judgment

Legal Issues

  1. 1 Whether a warrant specifying multiple offences is invalid if one offence lacks proper particulars under Section 2(4)(c) of the Extradition Act 2003
  2. 2 Whether the description of the second offence meets statutory requirements for extradition

Ratio Decidendi

The court held that the Multiple Offences Order allows extradition for offences properly specified in the warrant, even if others are defective; the second offence was too vague regarding place and circumstances, failing Section 2(4)(c) requirements.

Court Disposition

both appeals dismissed

Orders

  • Extradition upheld for first offence; discharge for second offence confirmed
  • Legal aid order granted