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Leszek Gwiazdecki v Polish Judicial Authority

22 June 2023
[2023] EWHC 1539 (Admin)
High Court
A man wanted in Poland for past crimes asked for bail while awaiting extradition. The judge said no because he was worried the man would run away again, as he had done before. So he will stay in jail until the extradition case is heard.

Key Facts

  • Extradition bail application under s.22(1A) Criminal Justice Act 1967
  • Appellant: Leszek Gwiazdecki
  • Respondent: Polish Judicial Authority
  • Appellant is a 39-year-old male
  • Appellant faces extradition to Poland for a 20-month custodial sentence (minus 8 months served on remand)
  • Appellant has a history of absconding; he left Poland in 2017 after being aware of outstanding sentences for sexual assault and domestic violence offences
  • Bail application included standard safeguards and a £500 cash security
  • Concerns raised regarding the 'out of sync' April 2022 warrant and the April 2023 sentence aggregation order
  • Concerns also raised about potential extension of time needed for further information

Legal Principles

Section 22(1A) Criminal Justice Act 1967 grants the court jurisdiction to consider extradition bail applications.

Criminal Justice Act 1967

Outcomes

Bail refused

Substantial grounds for believing the appellant would fail to surrender if released on bail, due to the risk of absconding given his history and the perceived difficulties with the extradition process.

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