Nastaj v Polish Judicial Ahthority

Nastaj v Polish Judicial Ahthority

Extradition is not barred by passage of time as the appellant was unlawfully at large, and the delay is attributable to his own conduct. The interference with Article 8 rights is not disproportionate given the seriousness of the offences, the appellant's conduct, and the arrangements for medical treatment in Poland. The appeal is dismissed subject to the requirement that full medical information accompanies the appellant on extradition.

Parties
Claimant: NASTAJ; Defendant: POLISH JUDICIAL AUTHORITY
Jurisdiction
England and Wales
Judgment Date
17 November 2014
Procedural Posture
Appeal (extradition) / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Extradition, Article 8 ECHR, Delay in Prosecution, Medical Grounds for Resisting Extradition, Proportionality
Criminal Law Extradition Law Human Rights Law Extradition Article 8 ECHR Delay in Prosecution Medical Grounds for Resisting Extradition Proportionality

Case Brief

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Parties

NASTAJ

Claimant

POLISH JUDICIAL AUTHORITY

Defendant

Procedural Posture

Appeal (extradition) / Judgment on Appeal

Legal Issues

  1. 1 Whether extradition is barred by passage of time under section 14B of the Extradition Act 2003
  2. 2 Whether extradition would be disproportionate under Article 8 ECHR due to delay and medical condition
  3. 3 Whether proper medical arrangements exist for the appellant in Poland

Ratio Decidendi

Extradition is not barred by passage of time as the appellant was unlawfully at large, and the delay is attributable to his own conduct. The interference with Article 8 rights is not disproportionate given the seriousness of the offences, the appellant's conduct, and the arrangements for medical treatment in Poland. The appeal is dismissed subject to the requirement that full medical information accompanies the appellant on extradition.

Court Disposition

Appeal dismissed

Orders

  • Extradition to proceed
  • All relevant medical information and records to be sent with the appellant to Polish authorities