District Court Košice II, Slovak Republic v Ľubomίr Macko
[2024] EWHC 2564 (Admin)
Jazeps Birskis v General Prosecutor's Office, Latvia
11 October 2024
[2024] EWHC 2540 (Admin)
High Court
A man appealed his extradition to Latvia for helping to steal from his neighbour. The judge said sending him back was fair, even though he might not go to jail in the UK. He'd been in trouble before, and what he did was serious. The higher court agreed with the judge.
Key Facts
- •Appeal against extradition to Latvia under Part 1 of the Extradition Act 2003.
- •Latvian warrant accused Appellant of 'theft' (conspiracy to burgle in English law terms).
- •Offence involved instigating theft of €65 from a neighbour's house.
- •Appellant has three previous convictions in Latvia (drink driving, drink driving, attempted theft).
- •District Judge ordered extradition, rejecting challenges under s 21A/Article 8 ECHR and proportionality.
- •Appeal ground: District Judge's proportionality decision was wrong.
Legal Principles
Proportionality under s 21A of the Extradition Act 2003.
Extradition Act 2003, s 21A
Guidance on seriousness of offences for proportionality assessment.
Criminal Practice Directions 2023
Application of domestic sentencing practice as a measure of likelihood of custodial sentence.
Miraszewski v District Court in Torun, Poland [2015] 1 WLR 3929
The test for proportionality is not whether a custodial sentence *could* be imposed, but whether it is *likely* to be imposed.
Miraszewski
Outcomes
Appeal dismissed.
The District Judge's approach to proportionality was not erroneous. She correctly considered the seriousness of the offence, the likely penalty, and the possibility of less coercive measures. While she did not conduct a precisely calibrated sentencing exercise, she was not required to do so. The court held that the appellant's prior convictions and the nature of the offence (organising a burglary of a neighbour's house) meant extradition was not disproportionate.
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