MAREK POLAKOWSKI v POLISH JUDICIAL AUTHORITY

MAREK POLAKOWSKI v POLISH JUDICIAL AUTHORITY

Bail refused because substantial grounds exist for believing the applicant would fail to surrender, given the remaining period of custody, history of evasion, and weak anchoring effect of family ties, notwithstanding proposed bail conditions.

Parties
Applicant: Marek Polakowski; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
02 December 2021
Procedural Posture
Extradition Application for Bail / Bail Hearing Before High Court
Outcome
Bail refused
Legal Topics
Bail, European Arrest Warrant, Article 8 ECHR
Criminal Law Extradition Law Bail European Arrest Warrant Article 8 ECHR

Case Brief

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Parties

Marek Polakowski

Applicant

Polish Judicial Authority

Respondent

Procedural Posture

Extradition Application for Bail / Bail Hearing Before High Court

Legal Issues

  1. 1 Whether bail should be granted to an applicant pending extradition
  2. 2 Whether proposed bail conditions sufficiently mitigate risk of failure to surrender

Ratio Decidendi

Bail refused because substantial grounds exist for believing the applicant would fail to surrender, given the remaining period of custody, history of evasion, and weak anchoring effect of family ties, notwithstanding proposed bail conditions.

Court Disposition

Bail refused

Orders

  • Bail application dismissed