Miechowicz v Sad Okregowy In Kielce Poland

Miechowicz v Sad Okregowy In Kielce Poland

There is no legal basis to bar extradition on the grounds advanced by the appellant; the hardship to his dependants does not render extradition disproportionate, and issues of clemency or the validity of the sentence are for the Polish court.

Source-derived case information.

Parties
Claimant: Miechowicz; Defendant: Sad Okregowy in Kielce Poland
Jurisdiction
England and Wales
Judgment Date
07 March 2013
Procedural Posture
Extradition Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Extradition Proceedings, Appeal Against Extradition, Hardship to Dependants, Clemency
Criminal Law Extradition Extradition Proceedings Appeal Against Extradition Hardship to Dependants Clemency

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Parties

Miechowicz

Claimant

Sad Okregowy in Kielce Poland

Defendant

Procedural Posture

Extradition Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the extradition of the appellant to Poland should be barred due to hardship to his dependants or other grounds
  2. 2 Whether the Polish warrant remains valid and enforceable
  3. 3 Whether the court can consider clemency or the circumstances of the original conviction

Ratio Decidendi

There is no legal basis to bar extradition on the grounds advanced by the appellant; the hardship to his dependants does not render extradition disproportionate, and issues of clemency or the validity of the sentence are for the Polish court.

Court Disposition

Appeal dismissed

Orders

  • Bail continued on same terms until notification of removal
  • Change of address to be negotiated with the Crown Prosecution Service