Wrobel v Poland [2011] EWHC 374 (Admin) (09 February 2011)

Wrobel v Poland [2011] EWHC 374 (Admin) (09 February 2011)

The unchallenged psychiatric evidence established a very high risk of suicide if the appellant were extradited, meeting the threshold for oppression under section 25 of the Extradition Act 2003; therefore, extradition would be oppressive and must be refused.

Citation
[2011] EWHC 374 (Admin)
Parties
Appellant: Marius Wrobel; Respondent: Poland
Jurisdiction
England and Wales
Judgment Date
09 February 2011
Procedural Posture
Extradition Appeal / High Court Appeal From District Judge's Extradition Order
Outcome
Appeal allowed; extradition order quashed.
Legal Topics
Extradition, European Arrest Warrant, Risk of Suicide, Oppression Under Extradition Act 2003, Article 3 ECHR
Criminal Law Extradition Law Human Rights Law Extradition European Arrest Warrant Risk of Suicide Oppression Under Extradition Act 2003 Article 3 ECHR

Case Brief

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Parties

Marius Wrobel

Appellant

Poland

Respondent

Procedural Posture

Extradition Appeal / High Court Appeal From District Judge's Extradition Order

Legal Issues

  1. 1 Whether extradition would be unjust or oppressive under section 25 of the Extradition Act 2003 due to risk of suicide
  2. 2 What threshold of risk of suicide must be met to bar extradition

Ratio Decidendi

The unchallenged psychiatric evidence established a very high risk of suicide if the appellant were extradited, meeting the threshold for oppression under section 25 of the Extradition Act 2003; therefore, extradition would be oppressive and must be refused.

Court Disposition

Appeal allowed; extradition order quashed.

Orders

  • Order for extradition quashed
  • Legal aid assessment granted for appellant