Celczynski v Polish Judical Authority (No. 1)

Celczynski v Polish Judical Authority (No. 1)

The Appellant did not validly consent to extradition as he was not legally represented at the time consent was given, rendering the District Judge's order unlawful. The High Court had no jurisdiction to grant relief under the Extradition Act appeal, but could and did grant relief by treating the proceedings as a judicial review, quashing the extradition order and remitting the matter for rehearing before a different judge.

Parties
Appellant: Tomasz Celczynski; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
12 December 2019
Procedural Posture
Extradition Appeal and Judicial Review / High Court Appeal and Judicial Review of Extradition Order
Outcome
Appeal under the Extradition Act dismissed; judicial review granted; extradition order quashed; matter remitted for rehearing before a different judge.
Legal Topics
Extradition Proceedings, European Arrest Warrant, Consent to Extradition, Legal Representation, Article 8 ECHR, Judicial Review, Procedural Fairness
Criminal Law Extradition Law Human Rights Law Extradition Proceedings European Arrest Warrant Consent to Extradition Legal Representation Article 8 ECHR +2 more

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Parties

Tomasz Celczynski

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Extradition Appeal and Judicial Review / High Court Appeal and Judicial Review of Extradition Order

Legal Issues

  1. 1 Whether the European Arrest Warrant (EAW) satisfied the requirements of section 2(5)(b) of the Extradition Act 2003
  2. 2 Whether the Appellant validly consented to extradition in the absence of legal representation
  3. 3 Whether the District Judge's conduct amounted to procedural unfairness, bias, or abuse of process

Ratio Decidendi

The Appellant did not validly consent to extradition as he was not legally represented at the time consent was given, rendering the District Judge's order unlawful. The High Court had no jurisdiction to grant relief under the Extradition Act appeal, but could and did grant relief by treating the proceedings as a judicial review, quashing the extradition order and remitting the matter for rehearing before a different judge.

Court Disposition

Appeal under the Extradition Act dismissed; judicial review granted; extradition order quashed; matter remitted for rehearing before a different judge.

Orders

  • Permission to apply for judicial review granted.
  • Order for extradition quashed.