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England and Wales decisions
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Michalak v Regional Court in Lublin, Poland [2026] EWHC 473 (Admin) (03 March 2026)
The High Court refused extradition bail to an applicant facing return to Poland, finding substantial grounds to believe he would fail to surrender despite proposed conditions.
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.
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Bednarczyk v Polish Judicial Authority [2025] EWHC 2310 (Admin) (17 July 2025)
The High Court refused to vary an extradition defendant’s bail to release his passport or allow a new passport application, finding a real risk of absconding.
Bail is refused because there are substantial grounds for believing the applicant would abscond or interfere with witnesses if released, and bail conditions cannot adequately mitigate these risks. The seriousness of the charges, the applicant's access to significant undisclosed financial resources, and the history of conduct outweigh the presumption in favour of bail. Proportionality and human rights arguments do not displace the risk assessment under the Bail Act in this context.
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Modi v Government of India [2025] EWHC 1192 (Admin) (15 May 2025)
The High Court refused Nirav Deepak Modi’s bail application in extradition proceedings, finding substantial risks of absconding and witness interference despite proposed conditions.
There are very substantial grounds for believing that the applicant, if released on bail, will seek to abscond, and the pre-release security and other bail conditions do not allay those concerns.
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There are substantial grounds for believing that if released on conditional bail the appellant would fail to surrender, given his history of absconding, the nature of the offences, and the circumstances of the case.
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The High Court refused extradition bail, finding substantial grounds to believe the appellant would fail to surrender if released despite proposed conditions.
Ratajewski v Polish Judicial Authority [2024] EWHC 1359 (Admin) (05 June 2024)
High Court refused bail in an extradition case, finding substantial grounds to believe the appellant would fail to surrender if released.
The Appellant discharged the onus of displacing the presumption in favour of bail by demonstrating substantial grounds for believing the Respondent would fail to surrender, and the proposed bail conditions did not sufficiently allay those concerns.
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