Przemyslaw Dziaduch v Polish Judicial Authority
[2023] EWHC 2900 (Admin)
Kamil Sikora v District Court in Koszalin (Poland)
21 November 2023
[2023] EWHC 2956 (Admin)
High Court
A man fled Poland after assaulting someone when he was 17. Poland wants him back, but he's lived in the UK for 13 years. A court ruled that the delay wasn't the fault of the authorities and that he should be sent back to Poland to serve his sentence.
Key Facts
- •Appellant (32) wanted for extradition to Poland for a 2009 assault conviction (12-month sentence, originally suspended).
- •Appellant fled to the UK in 2010, breaching probation conditions.
- •Extradition was ordered by District Judge Sternberg on 25 April 2023.
- •Appellant's previous judicial review claim succeeded (29 November 2022), quashing a prior extradition order.
- •Appellant argues substantial culpable delay by Polish authorities and impact on his UK life (13 years).
- •Appellant maintains that periods of delay are attributable to Polish authorities and a judicial error in 2021.
Legal Principles
Substantial culpable delay by authorities can weigh against extradition.
Case law and implied in the judgment
The passage of time can reduce the weight of public interest in extradition and strengthen private/family life arguments against it.
Case law and implied in the judgment
Extradition cases are fact and context specific.
Tomaszewicz v Poland [2013] EWHC 3670 (Admin) at §§6 and 9 (cited by Appellant)
Outcomes
The application for permission to appeal was refused.
The judge found no substantial culpable delay and the passage of time did not significantly impact the case. The Appellant's life in the UK was built on his fugitivity, and no innocent third parties were affected.