Strzyzewski v Polish Judicial Authority [2012] EWHC 3240 (Admin) (30 October 2012)

Strzyzewski v Polish Judicial Authority [2012] EWHC 3240 (Admin) (30 October 2012)

The grounds advanced by the appellant were not properly arguable as they were not raised below, lacked credible evidence, and did not meet the threshold for new evidence on appeal. Article 8 considerations did not outweigh the public interest in extradition.

Citation
[2012] EWHC 3240 (Admin)
Parties
Claimant: Strzyzewski; Defendant: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
30 October 2012
Procedural Posture
Extradition Appeal / High Court Judgment on Appeal Against Extradition Orders
Outcome
Appeal dismissed
Legal Topics
European Arrest Warrant, Article 8 ECHR, Procedural Fairness, New Evidence on Appeal
Criminal Law Extradition Law Human Rights European Arrest Warrant Article 8 ECHR Procedural Fairness New Evidence on Appeal

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Parties

Strzyzewski

Claimant

Polish Judicial Authority

Defendant

Procedural Posture

Extradition Appeal / High Court Judgment on Appeal Against Extradition Orders

Legal Issues

  1. 1 Whether the appellant had already served the sentence for the first offence under the first warrant
  2. 2 Whether the appellant was present at the proceedings for the third offence under the first warrant
  3. 3 Whether Article 8 ECHR considerations outweigh the public interest in extradition

Ratio Decidendi

The grounds advanced by the appellant were not properly arguable as they were not raised below, lacked credible evidence, and did not meet the threshold for new evidence on appeal. Article 8 considerations did not outweigh the public interest in extradition.

Court Disposition

Appeal dismissed

Orders

  • Extradition orders confirmed
  • Assessment of costs order granted to claimant's counsel