Wisniewski v Polish Judicial Authority (Rev 1)

Wisniewski v Polish Judicial Authority (Rev 1)

The public interest in effective extradition arrangements outweighs the interference with Article 8 rights; the grounds of appeal are not reasonably arguable given the remaining sentence and speculative nature of possible sentence reduction or Ombudsman proceedings.

Source-derived case information.

Parties
Appellant: Wisniewski; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
23 April 2020
Procedural Posture
Extradition / Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
European Arrest Warrant, Article 8 ECHR, Article 6 ECHR, Public Interest, Family Rights
Criminal Law Human Rights Law Extradition Law European Arrest Warrant Article 8 ECHR Article 6 ECHR Public Interest Family Rights

Source-derived case record

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 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Wisniewski

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Extradition / Application for Permission to Appeal

Legal Issues

  1. 1 Whether extradition would constitute a disproportionate interference with Article 8 rights
  2. 2 Whether ongoing Ombudsman proceedings in Poland affect Article 8 or Article 6 rights
  3. 3 Whether the remaining sentence to be served justifies extradition

Ratio Decidendi

The public interest in effective extradition arrangements outweighs the interference with Article 8 rights; the grounds of appeal are not reasonably arguable given the remaining sentence and speculative nature of possible sentence reduction or Ombudsman proceedings.

Court Disposition

application for permission to appeal refused

Orders

  • permission to appeal is refused