Lukasz Talaga v Polish Judicial Authority
[2024] EWHC 3015 (Admin)
Grzegorz Kozubal v Regional Court In Rzeszów, Poland
28 November 2024
[2024] EWHC 3032 (Admin)
High Court
A man was ordered to be sent back to Poland for a burglary he committed many years ago. He spent a very long time in jail before the case even went to trial in the UK. The judge decided that keeping him in jail for so long was already more than the punishment he'd get in Poland, so they let him go free.
Key Facts
- •Grzegorz Kozubal appeals his extradition to Poland for a 2007 burglary.
- •The extradition hearing occurred in Kozubal's absence due to his non-attendance.
- •Kozubal spent over 21 months in remand custody.
- •The alleged burglary involved theft of goods worth approximately £500.
- •The appeal focuses on Article 8 ECHR rights and proportionality under the Extradition Act 2003.
Legal Principles
On extradition appeal, the court determines if the district judge's decision was wrong.
Love v United States of America [2018] EWHC 172 (Admin), Surico v Italy [2018] EWHC 401 (Admin)
Proportionality under section 21A(1)(b) of the 2003 Act considers seriousness of conduct, likely penalty, and less coercive measures.
Miraszewski v Poland [2014] EWHC 4261 (Admin)
The court's assessment of proportionality considers the approach outlined by Lord Neuberger in Re B (A child).
Vascenkovs v Latvia [2023] EWHC 2830 (Admin)
Significant changes in circumstances since the extradition hearing require a de novo assessment.
Kozar v Czech Republic [2024] EWHC 2226 (Admin)
Outcomes
Appeal allowed; extradition order quashed; discharge ordered.
The prolonged remand custody (over 21 months) rendered extradition disproportionate under section 21A(1)(b), even considering Kozubal's fugitive status. The likely sentence in Poland, considering the remand time, would not be custodial.