Zawila v Polish Judicial Authority

Zawila v Polish Judicial Authority

Extradition for a low-level offence after a lengthy delay would disproportionately interfere with the appellant's and his family's right to respect for private and family life under Article 8, and would be oppressive under section 14 and disproportionate under section 21A of the Extradition Act 2003.

Source-derived case information.

Parties
Appellant: Zawila; Respondent: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
28 November 2019
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Passage of Time, Oppression, Proportionality, Article 8 ECHR, Minor Financial Offences
Extradition Criminal Law Human Rights Passage of Time Oppression Proportionality Article 8 ECHR Minor Financial Offences

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Parties

Zawila

Appellant

Polish Judicial Authority

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether extradition is unjust or oppressive due to passage of time under section 14 of the Extradition Act 2003
  2. 2 Whether extradition is compatible with Article 8 of the European Convention on Human Rights
  3. 3 Whether extradition is proportionate under section 21A of the Extradition Act 2003

Ratio Decidendi

Extradition for a low-level offence after a lengthy delay would disproportionately interfere with the appellant's and his family's right to respect for private and family life under Article 8, and would be oppressive under section 14 and disproportionate under section 21A of the Extradition Act 2003.

Court Disposition

appeal allowed

Orders

  • Extradition order set aside
  • Appellant discharged