AC-2024-LON-003550 - [2025] EWHC 2831 (Admin)

Fecha: 31-Oct-2025

Procedural history

II. Procedural history

11.

There were two previous arrest warrants (“AWs”). AW1 was issued on 10 April 2017 and certified by the NCA on 6 June 2017. AW2 was issued on 7 February 2018 and certified on 23 March 2018. Extradition was ordered on both warrants. While the appellant appealed the extradition orders, the respondent informed the Crown Prosecution Service (“CPS”) on 21 January 2019 that a new aggregate sentence for all the offences had been passed. This was by the District Court of the Torun Penal Division on 3 August 2018.

12.

Therefore, the arrest warrant under consideration at appeal warrant is based on the enforceable cumulative judgment of the District Court in Torun on 3 August 2018 which aggregates penalties from four case files (separate criminal proceedings): 12 September 2012 (II K 779/12), 12 May 2015 (VIII K 1583/14), 21 April 2016 (II K 27115) and 15 November 2015 (II K 1187/15).

13.

The complicated procedural backstory may best become comprehensible by summary in a list of events (adapted with amendment and thanks from the table in Ms Herbert’s skeleton argument).

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24.2.12 II K 779/12: Offence 1 burglary committed

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25.2.12-27.2.12: II K 779/12: Offence 2 committed

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16.6.12: II K 779/12: Appellant informed of his duty to notify a change in address

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July 2012: VIII K 1583/14: Offence 5 committed

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2.8.12: II K 779/12: Appellant summoned in writing, not collected

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12.9.12: II K 779/12: Trial and sentence without appellant

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13.9.12: II K 779/12: Copy of judgment sent to appellant, not collected, and valid on 5 October 2012

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26-27.10.14: VIII K 1583/14: Offence 4 committed

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26.10.14-7.11.14: VIII K 1583/14: Offence 2 committed

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3-4.11.14: VIII K 1583/14: Offence 3 committed

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6.11.14-7.11.14: VIII K 1583/14: offence 1 committed

2015 Appellant comes to UK (on appellant’s account; precise date unstated)

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12.5.15: VIII K 1583/14: Sentence

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1.7.15: II K 271/16 Offence 1 committed

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15.7.15: II K 271/16 Offence 2 committed

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11.10.15: II K 1187/15: Offence 1 committed – (Final offence committed in Poland)

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16.11.15: II K 1187/15: Trial for this offence in absence (notified by court employee on 13.11.15)

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1.12.15: II K 1187/15: Appellant appealed conviction

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12.5.16: II K 1187/15: Appeal in absence - sentence upheld

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21.4.16: II K 271/16: Conviction and sentence

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10.4.17: First AW issued

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6.6.17: First AW certified

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12.11.17: Appellant arrested on First AW (Remanded)

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3.1.18: First AW – extradition hearing and judgment - extradition ordered - appeal issued

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7.2.18: Second AW- issued for II K 1187/15

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23.3.18: Second AW certified

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23.4.18: Appellant arrested on Second AW (whilst in custody)

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3.8.18: Second AW - extradition ordered following hearing on 2.7.18 - Appeal filed

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3.8. 18: Torun District Court (Penal Division) imposes aggregated sentence for all case files

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13.12.18: Aggregate sentence for all offences (VIII K 9/18) upheld

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21.1.19: Current AW issued

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24.1.19: First and Second AW discharged. Appellant released

>>> Three-year gap <<<

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7.1.22: Current AW certified

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28.1.24: Current AW- Appellant arrested

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29.1.24: Current AW- First appearance - adjourned under s.8A

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3.6.24: Appellant sentenced to dangerous driving - Grimsby Crown Court

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17.6.24: Appellant’s earliest release date for dangerous driving

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18.6.24: First appearance for consent current warrant - hearing opened

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26.9.24: Current AW- Extradition hearing

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28.10.24: Current AW- Extradition ordered

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29.10.24: Current AW- application for permission

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22.5.25: Current AW – Ritchie J (on the papers) grants permission to appeal on (a) sections 10/64 ground and (b) article 8 ground; refuses on section 14 and section 20 grounds

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23.5.25: Current AW- renewal submissions refused grounds

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16.10.25: Appeal hearing

14.

The case files for the various criminal proceedings record their details as below.

Case reference II K 779/12:

On 24 February 2012 at 90 Bydgoska Street in Toruń, the Appellant and another broke into a building and stole tools to a total value of 8,385.28 PLN to the detriment of Krzysztof Wawrzyn (approximately £1,700 at the time of the offence). Under Polish law, this conduct amounts to the offence of burglary contrary to Article 279 paragraph 1 of the Penal Code.

In the period from 25th to 27th February 2012 in Torun he purchased the property in the form of welder for PCV pipes of Dedra make, angle grinder of flex type Back & Decker make of a total amount of 626.97 PLN, which was gained during the burglary to the flat at 90 Bydgoska Street m Torun to the detriment of Krzysztof Wawrzyn. (approximately £130 at the time of the offence). Under Polish law, this conduct amounts to the offence of dealing in stolen goods contrary to Article 291 paragraph 1 of the Penal Code.

Case reference VIII K 1583/14:

Between 6 and 7 November 2014 at 41A Wschodnia Street in Toruń, the Appellant broke into an office premises and stole three PCs to a value of 1,800 PLN (approximately £330 at the time of the offence). Under Polish law, this conduct amounts to an offence of burglary contrary to Article 64 paragraph 1 of the Penal Code.

Between 26 October and 7 November 2014 at 41A Wschodnia Street in Toruń, the Appellant used a previously stolen key to enter a car, from which he stole a car radio to a value of 100 PLN (approximately £19 at the time of the offence). Under Polish law, this conduct amounts to an offence of burglary contrary to Article 64 paragraph 1 of the Penal Code.

Between 3 and 4 November 2014 at 41A Wschodnia Street in Toruń, the Appellant

used previously stolen keys to enter an office premises, where he then stole a PC and cash to a total value of 750 PLN (approximately £140 at the time of the offence). Under Polish law, this conduct amounts to an offence of burglary contrary to Article 64 paragraph 1 of the Penal Code.

Between 26 and 27 October 2014 at 41A Wschodnia Street in Toruń, the Appellant used previously stolen keys to enter an office premises, where he then stole tools to a total value of 550 PLN (approximately £100 at the time of the offence). Under Polish law, this conduct amounts to an offence of burglary contrary to Article 64 paragraph 1 of the Penal Code.

In July 2013 at 38 Wschodnia Street in Toruń, the Appellant stole a hammer to a value of 3,000 PLN (approximately £620 at the time of the offence). Under Polish law, this conduct amounts to an offence of theft contrary to Article 278 paragraph 1 of the Penal Code.

Case reference II K 271/16:

On 1 July 2015 at 36/7 Broniewskiego Street in Toruń, the Appellant submitted various forged documents to a loan company. Under Polish law, this conduct amounts to the offence of forgery contrary to Article 270 paragraph 1 of the Penal Code.

On 15 July 2015 at 36/7 Broniewskiego Street in Toruń, the Appellant used the aforementioned forged documents above to obtain a loan, causing damage to the loan company in the sum of 400 PLN (approximately £68 at the time of the offence). Under Polish law, this conduct amounts to the offence of fraud contrary to Article 286 paragraph 1 and 64 paragraph 1 of the Penal Code.

Case reference II K 1187/15:

On 11 October 2015 on Młodzieżowa Street in Toruń, the Appellant drove a vehicle while intoxicated. The two breath alcohol readings taken were 1.99mg/l and 0.99mg/l respectively. Under Polish law, this conduct amounts to the offence of driving while intoxicated contrary to Article 178a paragraph 1 of the Penal Code.