Lukasz Ratajewski v Polish Judicial Authority
[2024] EWHC 1359 (Admin)
Court of First Instance West Flanders, Bruges, Belgium v Caio Marchesani
24 July 2023
[2023] EWHC 1848 (Admin)
High Court
A man accused of being part of a huge drug smuggling gang was given bail by a lower court. A higher court reviewed the decision and decided the man was too likely to flee, even with strict rules in place, and sent him to jail until his extradition case is heard.
Key Facts
- •Appeal against grant of conditional bail to respondent in extradition proceedings.
- •Respondent is accused of involvement in a criminal gang responsible for importing large quantities of cocaine and laundering proceeds.
- •Respondent is an Italian national with international links, including the UAE.
- •Respondent has indefinite leave to remain in the UK and holds senior positions in two English companies.
- •Bail conditions imposed by the district judge included residence condition, electronically monitored curfew, reporting to police, restrictions on travel documents and travel, and a £250,000 security.
- •The alleged offence carries a maximum sentence of five years' imprisonment.
- •Extradition hearing is scheduled for August 22nd, but may be delayed.
- •Appellant argues that no bail conditions can secure respondent's attendance due to flight risk.
- •Respondent argues that stringent bail conditions would mitigate flight risk and that he has strong ties to the UK.
- •Over £1.5 million in cryptocurrency held by Respondent was frozen.
Legal Principles
In extradition proceedings, where a magistrates' court grants bail, the prosecution may appeal to the High Court.
Bail (Amendment) Act 1993, s 1(1A)
Appeal is de novo; the High Court is not concerned with finding errors in the district judge's approach.
Bail (Amendment) Act 1993, s 1(9); Tighe v Ireland [2013] EWHC 3313 (Admin)
In accusation warrants, there is a presumption in favour of bail; the appellant must show that no conditions can ensure the respondent's surrender.
Case Law (implied)
Outcomes
Appeal allowed; respondent to remain in custody.
The risk of the respondent absconding is too high, despite stringent bail conditions. Concerns remain about access to funds, international connections, and the strength of UK ties.