Traczyk v Polish Judicial Authority [2018] EWHC 2813 (Admin) (09 October 2018)

Traczyk v Polish Judicial Authority [2018] EWHC 2813 (Admin) (09 October 2018)

The district judge erred in failing to give adequate weight to the minor nature of the offence, the long delay, and the appellant's family dependency, and made a material factual error regarding the partner's ability to work. The balance of factors renders extradition disproportionate and unjust.

Source-derived case information.

Citation
[2018] EWHC 2813 (Admin)
Parties
Appellant: Rafal Adam Traczyk; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
09 October 2018
Procedural Posture
Extradition Appeal / High Court Appeal Against Westminster Magistrates' Court Extradition Order
Outcome
Appeal allowed; extradition order quashed
Legal Topics
Extradition Proceedings, Delay in Prosecution, Proportionality, Family Dependency, Public Interest in Extradition
Criminal Law Extradition Law Human Rights Extradition Proceedings Delay in Prosecution Proportionality Family Dependency Public Interest in Extradition

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rafal Adam Traczyk

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Extradition Appeal / High Court Appeal Against Westminster Magistrates' Court Extradition Order

Legal Issues

  1. 1 Whether extradition is proportionate given the minor nature of the offence and the long delay
  2. 2 Whether the district judge erred in balancing the factors for and against extradition
  3. 3 Whether the appellant's family circumstances and dependency were properly considered

Ratio Decidendi

The district judge erred in failing to give adequate weight to the minor nature of the offence, the long delay, and the appellant's family dependency, and made a material factual error regarding the partner's ability to work. The balance of factors renders extradition disproportionate and unjust.

Court Disposition

Appeal allowed; extradition order quashed

Orders

  • Extradition order against Rafal Adam Traczyk is quashed
  • Appellant is not to be extradited to Poland