Jerzy Suszynski v Regional Court in Gorzow (Poland)
[2023] EWHC 2899 (Admin)
Leszek Maciej Gwiazdecki v Polish Judicial Authority
14 May 2024
[2024] EWHC 1139 (Admin)
High Court
A Polish man was arrested in the UK for crimes committed in Poland. He argued he'd already spent enough time in jail and shouldn't be sent back. The judge disagreed, saying he had to complete his sentence and had fled Poland to avoid it.
Key Facts
- •Leszek Maciej Gwiazdecki (Appellant) is wanted for extradition to Poland.
- •He was sentenced in Poland to a total of 2 years and 2 months imprisonment for threats to kill, concealment of an identity card, and sexual assault.
- •A European Arrest Warrant (EAW) was issued, and the Appellant was arrested in the UK in October 2022.
- •The Appellant's Polish sentences were aggregated, leading to a new EAW.
- •The District Judge ordered extradition, disbelieving the Appellant's claims of a heart condition and lack of financial support for his children.
- •The Judge found the Appellant to be a fugitive.
- •The Appellant appealed, arguing primarily about the qualifying remand time spent in UK custody.
Legal Principles
The Court does not 'project forward' to a substantive hearing absent an independently durable anchoring feature regarding the effect of qualifying remand on the sentence.
Molik v Poland [2020] EWHC 2836 (Admin)
A very short period of time to serve does not justify discharge.
Molik v Poland [2020] EWHC 2836 (Admin)
In extradition cases, public interest considerations in favour of extradition must be weighed against those that may count against it.
This case
Outcomes
Permission to appeal was refused.
The remaining time to serve (after accounting for qualifying remand) was not sufficiently short to justify discharge, and there was no other reasonably arguable ground for appeal under Article 8.