Jacek Smolarek v Polish Judicial Authority
[2023] EWHC 2860 (Admin)
Daniel Owczarek v Polish Judicial Authority
21 November 2022
[2022] EWHC 2913 (Admin)
High Court
A man was wanted in Poland for a small crime he committed almost 20 years ago. He ran away and didn't show up for court, so the judge said he should go to Poland to face the music. The man tried to appeal, saying it was unfair after so much time, but the court said it was his fault for running away for so long. They refused his appeal because he hadn't proved being sent back would cause him big problems, and it wasn't clear what would happen about Brexit, either.
Key Facts
- •Appeal against extradition to Poland for cheque forgery (2003)
- •Appellant (Owczarek) was a fugitive, absconding after a suspended sentence was activated.
- •Offence involved forging mother's signature for approximately £80.
- •Appellant did not attend the extradition hearing in 2015.
- •Appellant arrested in 2022 for failing to attend the 2015 hearing.
- •Appellant argues extradition is disproportionate under Article 8 ECHR.
- •Appellant claims settled private life in the UK since 2005.
- •Nearly 20 years had passed since the offence.
Legal Principles
Proportionality under Article 8 ECHR regarding extradition.
European Convention on Human Rights
Extradition Act 2003, Part 1
Extradition Act 2003
Delay bar in s 14 of the EA 2003
Extradition Act 2003
Relevant case law on Article 8 and extradition: Norris v Government of the USA (No 2) [2010] 2 AC 487; H(H) v Italy [2013] 1 AC 338; Polish Judicial Authorities v Celinski [2016] 1 WLR 551; FK (case decided with H(H)); Gurskis v Latvian Judicial Authority [2022] 4 WLR 82; Hojden v District Court [2022] EWHC 2725 (Admin); Merticariu v Judecatoria Arad [2022] EWHC 1507 (Admin)
Case Law
Outcomes
Appeal dismissed.
The district judge's decision was not wrong. The appellant's absconding and lack of evidence regarding the impact of extradition prevented a finding of disproportionate interference with his Article 8 rights. The age of the offence was considered, but weighed against the appellant's prolonged fugitivity.
Similar Cases
Przemyslaw Dziaduch v Polish Judicial Authority
[2023] EWHC 2900 (Admin)
Norbert Miernik v Sad Okregowy III Criminal Division In Kielce, Poland
[2024] EWHC 1457 (Admin)
Supinski v Polish Judicial Authority
[2023] EWHC 1447 (Admin)
Jerzy Suszynski v Regional Court in Gorzow (Poland)
[2023] EWHC 2899 (Admin)