![AC-2023-LON-000173 - [2025] EWHC 1897 (Admin)](https://backend.juristeca.com/files/emisores/logo_fi51A75.png){kind=logo}
Introduction
Introduction
This is an appeal against an extradition order made on 14 August 2023 by DJ Minhas. Permission to appeal was granted by Julian Knowles J at an oral hearing on 6th November 2024.
The judicial authority of Poland seeks the return of the appellant to serve 3 sentences totalling 5 years 6 months and 31 days arising from convictions in 2003, 2004, 2005 and 2006 for offences committed between 2000 and 2005.
The appellant’s relevant offences were:
physical and mental mistreatment of his sister and her children between January 2001 and 13 June 2003, one year’s imprisonment (file no. 817/03);
possession of amphetamine and a firearm in the form of a “gas revolver” on 23 August 2005, one year 6 months’ imprisonment of which 1 year, 1 month and 21-days remains to be served (file no. 1160/05);
fraud/forgery of contracts for sale of a vehicle in March 2003 and September 2002 (file no. 105/03), fraud by false representation in respect of a loan of PLN 3000 committed on 4 March 2000 (file no. 956/04), fraud by false representation in respect of a loan of PLN 3000 committed on 23 February 2000 (file no. 209/05), for all of which a 3 year 6 month sentence was imposed on 22 September 2006 (collective file no. 616/06), of which 3 years, 5 months and 10 days remains to be served.
These are the second set of proceedings arising from those matters, to which I will refer by their file numbers.
The judicial authority originally issued an arrest warrant dated 10 August 2018 which was certified by the NCA on 1 December 2021 (“AW1”).
Following an extradition hearing, Mr Bakowski was discharged on that warrant by DJ Godfrey on 23 May 2022, because
In respect of 1160/05, the DJ was not satisfied of the type of firearm and therefore that dual criminality was proved.
In respect of files 956/04 and 209/05, there was insufficient evidence of compliance with section 20 of the EA 2003 (showing either that the Appellant was present or represented at his trial or that he had the right to a retrial).
In respect of the remaining offences, extradition would be a disproportionate interference with his rights under ECHR Article 8, having regard in particular to the long delay since the original offending.
On 30 May 2022 the respondent confirmed that it would not be appealing the appellant’s discharge.
The appellant is now sought pursuant to an arrest warrant issued by the Circuit Court in Plock on 8 November 2022 and certified on 16 February 2023 (“AW2”).
On 12 April 2023 the Appellant was arrested on AW2. He appeared before the Court the following day for Initial Hearing when he was remanded on conditional bail. An extradition hearing before DJ Minhas took place on 12 July 2023. The Appellant and his partner gave evidence. Extradition was challenged on the bases that the renewed proceedings were an abuse of process, the firearms offence is not an extradition offence and extradition would be a disproportionate interference with Article 8 rights. Judgment was reserved. On 14 August 2023 extradition was ordered.
The appellant now appeals on two grounds:
It was an abuse of process for the requesting state to bring the second extradition proceedings.
The Article 8 balance should have been struck in the appellant’s favour.
The relevant legal principles were broadly agreed. The real issue in this appeal is their application to the facts of the case.