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England and Wales Case Law

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Criminal law

Andrzej Domin v Polish Judicial Authority, Poland

The District Judge was entitled to find deliberate absence for both convictions based on clear EAW statements and applicant's conduct; the proportionality assessment under Article 8 ECHR was properly conducted and extradition is not disproportionate.

  • Extradition proceedings
  • Absence from trial
  • Article 8 echr
  • Deliberate absence
  • Fugitivity
  • Proportionality assessment
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Criminal law

Gabor Kiss v Hungarian Judicial Authority

An extradition appeal was dismissed after the court held the appellant was treated as present at trial because he had mandated legal counsel under an EAW.

  • Extradition proceedings
  • Absence from trial
  • Mandate to legal counsel
  • Fresh evidence
  • European arrest warrant
  • Section 20 extradition act 2003
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Criminal law [2026] EWHC 497 (Admin)

Solaraj v Investigating Judge, Prosecutor General's Office Lisbon, Portugal

Solaraj v Investigating Judge, Prosecutor General's Office Lisbon, Portugal [2026] EWHC 497 (Admin) (05 March 2026)

The High Court refused a third extradition bail application, finding substantial grounds to believe the applicant would fail to surrender if released.

  • Bail
  • Flight risk
  • Extradition proceedings
  • Extradition-bail
  • Flight-risk
  • High-court-administrative-court
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Criminal law

Agnes Tolnai v District Court of Debrecen (Hungary)

High Court dismissed an extradition appeal to Hungary, holding that extradition was not disproportionate under section 21A despite later remote participation in Hungarian proceedings.

  • Extradition proceedings
  • Proportionality under extradition act 2003
  • Mutual legal assistance
  • Remote attendance at trial
  • European arrest warrant
  • Article 8 echr
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Criminal law

Dooley, R (on the application of) v Westminster Magistrates Court & Anor

The judge's post-hearing comparative exercise using medical records not disclosed to parties or experts, and reliance on resulting adverse findings without opportunity for response, constituted procedural unfairness undermining the fairness of the proceedings; the judgment must be quashed and reheard by a different judge.

  • Procedural fairness
  • Extradition proceedings
  • Judicial review
  • Mental health in extradition
  • Article 8 echr
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Criminal law

Nicolae-Alfredo Toloii v Gaesti Court, Romania

High Court extradition appeal dismissed. The court held the appellant deliberately absented himself from trial and that extradition was not disproportionate under Article 8.

  • Extradition proceedings
  • Trial in absentia
  • Article 8 echr (family life)
  • Article 6 echr (fair trial)
  • Fresh evidence on appeal
  • Extradition-appeal
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Criminal law

Marcin Ryszard Bednarczyk v Polish Judicial Authority

Applicant has a sustained history of absconding to avoid legal process, faces extradition and custodial sentences, and retention of passport is necessary to prevent risk of absconding. No sufficient evidence that passport is required for inheritance formalities or daily identification needs. Refusal to vary bail conditions is justified to avert risk of failing to surrender.

  • Bail conditions
  • Risk of absconding
  • Extradition proceedings
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