Ulaszonek v Polish Judicial Authority

Ulaszonek v Polish Judicial Authority

The court can allow an appeal in part, quashing the extradition order only for offences no longer relied upon, as permitted by the Extradition Act (Multiple Offences) Order 2003; amendment of the EAW is valid and does not require recommencement of extradition proceedings.

Parties
Appellant: Robert Ulaszonek; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
08 October 2018
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed in part, dismissed in part
Legal Topics
European Arrest Warrant, Extradition Procedure, Amendment of Warrants, Multiple Offences, Abuse of Process
Extradition Criminal Law European Arrest Warrant Extradition Procedure Amendment of Warrants Multiple Offences Abuse of Process

Case Brief

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 3 Authorities cited 11 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Robert Ulaszonek

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether an amended European Arrest Warrant (EAW) is valid for extradition purposes
  2. 2 Whether the appeal court can allow an appeal in part, quashing extradition only for offences no longer relied upon
  3. 3 Whether the appellant is entitled to a fresh hearing on the amended EAW

Ratio Decidendi

The court can allow an appeal in part, quashing the extradition order only for offences no longer relied upon, as permitted by the Extradition Act (Multiple Offences) Order 2003; amendment of the EAW is valid and does not require recommencement of extradition proceedings.

Court Disposition

appeal allowed in part, dismissed in part

Orders

  • Appeal allowed to the extent that extradition is quashed for convictions III K 1566/99, III K 1894/99, III K 1001/00, III K 1918/00
  • Appeal dismissed for remaining accusation and conviction (III K 279/03 and III K 1374/01)