Traczyk v Polish Judicial Authority

Traczyk v Polish Judicial Authority

The district judge erred in balancing the relevant factors, failing to give sufficient weight to the minor nature of the offence, the long delay, and the appellant's family dependency. The decision to extradite was wrong and unjustifiable given the circumstances.

Source-derived case information.

Parties
Appellant: Rafal Adam Traczyk; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
09 October 2018
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Extradition Proceedings, Delay in Prosecution, Minor Offences, Public Interest, Family Dependency
Criminal Law Extradition Extradition Proceedings Delay in Prosecution Minor Offences Public Interest Family Dependency

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Parties

Rafal Adam Traczyk

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether extradition is justified for a minor offence committed twelve years ago
  2. 2 Whether the district judge erred in balancing factors for and against extradition
  3. 3 Impact of delay and family dependency on extradition decision

Ratio Decidendi

The district judge erred in balancing the relevant factors, failing to give sufficient weight to the minor nature of the offence, the long delay, and the appellant's family dependency. The decision to extradite was wrong and unjustifiable given the circumstances.

Court Disposition

appeal allowed

Orders

  • Extradition order set aside
  • Appellant not to be extradited to Poland