Supinski v Polish Judicial Authority

Supinski v Polish Judicial Authority

The District Judge ought to have decided that the appellant was not properly served for Judgment 2, had no right to retrial, and had not deliberately absented himself, but even so, the balancing exercise under Article 8 ECHR did not establish exceptionally severe interference with family life to outweigh the public interest in extradition; thus, the appeal fails and extradition is ordered.

Parties
Appellant: Supinski; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
European Arrest Warrant, Article 8 ECHR, Extradition Act 2003, Deliberate Absence, Family Life Interference
Extradition Human Rights European Arrest Warrant Article 8 ECHR Extradition Act 2003 Deliberate Absence Family Life Interference

Case Brief

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Parties

Supinski

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant deliberately absented himself from trial for Judgment 2 under s.20(3) Extradition Act 2003
  2. 2 Whether the District Judge failed to account for Article 8 ECHR factors including appellant's age and delay
  3. 3 Whether the District Judge ought to have discharged the appellant from Judgment 2

Ratio Decidendi

The District Judge ought to have decided that the appellant was not properly served for Judgment 2, had no right to retrial, and had not deliberately absented himself, but even so, the balancing exercise under Article 8 ECHR did not establish exceptionally severe interference with family life to outweigh the public interest in extradition; thus, the appeal fails and extradition is ordered.

Court Disposition

appeal dismissed

Orders

  • Extradition order affirmed
  • Judgment 2 offences disregarded for extradition