Olczak v Polish Judicial Authority [2012] EWHC 3039 (Admin) (17 October 2012)
The appeal is dismissed because the warrant discloses an extraditable offence involving dishonesty, there is no evidence of culpable delay, and there is no strong Article 8 case as the appellant has no family life in the UK and only private life established after arrival.
- Citation
- [2012] EWHC 3039 (Admin)
- Parties
- Claimant: Marcin Olczak; Defendant: Polish Judicial Authority
- Jurisdiction
- England and Wales
- Judgment Date
- 17 October 2012
- Procedural Posture
- Extradition Appeal / High Court Appeal Under Section 26 of the Extradition Act 2003
- Outcome
- Appeal dismissed
- Legal Topics
- Extradition, Delay in Prosecution, Article 8 ECHR, Extraditable Offence, Legal Aid, Solicitor Conduct
Case Brief
Summary, issues, holding and outcome
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Parties
Marcin Olczak
Claimant
Polish Judicial Authority
Defendant
Procedural Posture
Extradition Appeal / High Court Appeal Under Section 26 of the Extradition Act 2003
Legal Issues
- 1 Whether the European Arrest Warrant discloses an extraditable offence under UK law
- 2 Whether delay in issuing the domestic and extradition warrants is culpable and bars extradition
- 3 Whether extradition would breach Article 8 ECHR (right to private and family life)
Ratio Decidendi
The appeal is dismissed because the warrant discloses an extraditable offence involving dishonesty, there is no evidence of culpable delay, and there is no strong Article 8 case as the appellant has no family life in the UK and only private life established after arrival.
Court Disposition
Appeal dismissed
Orders
- Legal aid order granted, subject to assessment by legal aid authorities
Full Case Text
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