The Appellant’s Health
The Appellant’s Health
As Ms Grudzinska acknowledged, her submissions largely replicated those made under section 25 (Ground 2 above), albeit that the legal context was different. For the reasons set out above I have concluded that the Judge correctly relied on the rebuttable presumption that the Hungarian authorities would provide sufficient care and that the Appellant’s multiple conditions are not complex and can be managed in the Hungarian prison system. The fresh medical evidence (Dr Iyer’s report) is not decisive or determinative. The Judge expressly identified the fact that the impact of imprisonment on the Appellant would be greater due to his poor health, observing that “the weightiest factor against extradition in the balancing exercise was the RP’s physical and mental health.” In my view it was properly taken into account in the balancing exercise.
- Heading
- Introduction
- The Arrest Warrants
- AW 2
- The Extradition Hearing
- The Appeal/Application
- The Grounds of Appeal
- Ground 2 – Section 25 in respect of AW 1 and AW 2
- Ground 3 – Section 21A / Article 8 ECHR in respect of AW1 and AW2
- The Appellant’s Health
- Fugitivity
- Delay
- Gravity of Offending
- Impact on Family
- Overall Conclusion on Article 8 grounds
- Ground 4 - AW2 whether disproportionate section 21A(1)(b)
- Seriousness of the Conduct ( Section 21 A(3)(a))
- Likely Penalty ( Section 21 A(3)(b))
- Less Coercive Measures ( Section 21 A(3)(c))
- Conclusions
- Ground 1 – Section 12A in respect of AW 2 only: absence of a decision to charge or try
- Discussion and Conclusion
- Fresh Evidence
- Conclusions
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