Strzyzewski v Polish Judicial Authority

Strzyzewski v Polish Judicial Authority

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

Parties
Claimant: Strzyzewski; Defendant: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
30 October 2012
Procedural Posture
Extradition Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
European Arrest Warrant, Article 8 ECHR, Procedural Fairness, New Evidence on Appeal
Criminal Law Extradition Law Human Rights Law European Arrest Warrant Article 8 ECHR Procedural Fairness New Evidence on Appeal

Case Brief

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Parties

Strzyzewski

Claimant

Polish Judicial Authority

Defendant

Procedural Posture

Extradition Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant had 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 before the District Judge, lacked credible evidence, and did not meet the threshold for new evidence on appeal. Article 8 ECHR considerations were not sufficient to outweigh the public interest in extradition.

Court Disposition

Appeal dismissed

Orders

  • Extradition order confirmed
  • Assessment costs order granted to the claimant's advocate