Republic of Poland v Kaim [2020] NIQB 19 (11 March 2020)

Republic of Poland v Kaim [2020] NIQB 19 (11 March 2020)

The UK is not obliged to transpose Article 4(6) of the Council Framework Decision 2002/584/JHA into domestic law. The Appropriate Judge considered all relevant factors, including the pending application to serve the sentence in Northern Ireland, and found no exceptional or compelling reason to refuse extradition. The grounds of appeal do not meet the statutory test for allowing the appeal, as neither the refusal to adjourn nor the pending application would have required the applicant's discharge. There is no basis for a preliminary reference to the CJEU.

Citation
[2020] NIQB 19
Parties
Requesting State/respondent: Republic of Poland; Requested Person/appellant: Piotr Kaim
Jurisdiction
Northern Ireland
Judgment Date
11 March 2020
Procedural Posture
Extradition Appeal / Renewed Application for Leave to Appeal Against Extradition Order
Outcome
Appeal dismissed
Legal Topics
Extradition Under European Arrest Warrant, Discretionary Refusal of Extradition, Article 4(6) Council Framework Decision 2002/584/jha, Repatriation of Prisoners, Article 8 ECHR, Proportionality in Extradition, Implementation of EU Law in UK
Criminal Law Extradition Law European Union Law Extradition Under European Arrest Warrant Discretionary Refusal of Extradition Article 4(6) Council Framework Decision 2002/584/jha Repatriation of Prisoners Article 8 ECHR +2 more

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Parties

Republic of Poland

Requesting State/respondent

Piotr Kaim

Requested Person/appellant

Procedural Posture

Extradition Appeal / Renewed Application for Leave to Appeal Against Extradition Order

Legal Issues

  1. 1 Whether the Appropriate Judge erred in refusing to adjourn extradition pending determination of application to serve sentence in Northern Ireland
  2. 2 Whether it was disproportionate to extradite the applicant before his application to serve sentence in Northern Ireland was determined
  3. 3 Whether the UK was obliged to transpose Article 4(6) of the Council Framework Decision 2002/584/JHA into domestic law

Ratio Decidendi

The UK is not obliged to transpose Article 4(6) of the Council Framework Decision 2002/584/JHA into domestic law. The Appropriate Judge considered all relevant factors, including the pending application to serve the sentence in Northern Ireland, and found no exceptional or compelling reason to refuse extradition. The grounds of appeal do not meet the statutory test for allowing the appeal, as neither the refusal to adjourn nor the pending application would have required the applicant's discharge. There is no basis for a preliminary reference to the CJEU.

Court Disposition

Appeal dismissed

Orders

  • Appeal rejected
  • Decision of the Appropriate Judge affirmed