Wrobel v Poland

Wrobel v Poland

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

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
Legal Topics
Extradition, Risk of Suicide, Oppression Under Extradition Act 2003, Article 3 ECHR
Criminal Law Extradition Law Human Rights Law Extradition 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 oppressive under section 25 of the Extradition Act 2003 due to risk of suicide
  2. 2 What threshold of risk of suicide is required to bar extradition

Ratio Decidendi

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

Court Disposition

appeal allowed

Orders

  • Order for extradition quashed
  • Legal aid assessment directed