Przemyslaw Dziaduch v Polish Judicial Authority
[2023] EWHC 2900 (Admin)
Lukasz Grad v Regional Court In Rybnik
16 May 2024
[2024] EWHC 1169 (Admin)
High Court
A man was ordered to be sent back to Poland to serve a prison sentence for crimes he committed years ago. Although he now has a family in the UK and it's been a long time, the judge decided it was important to uphold the original sentence and refused his appeal.
Key Facts
- •Lukas Gradz was ordered to be extradited to Poland on 14 November 2023.
- •The extradition relates to a two-year custodial sentence imposed in October 2013 for 19 offences of non-domestic burglaries and attempted burglaries committed in 2004.
- •The sentence was originally suspended for 5 years but activated in 2019 due to subsequent offences in the UK and failure to pay compensation.
- •The appellant fled Poland after the 2013 sentencing and has a history of offences in the UK.
- •The appellant has a family in the UK, including a 5-year-old child with his current partner.
Legal Principles
Extradition is permissible even if a significant time has passed since the original offence, provided the delay is explained and there's no suggestion of a false sense of security or culpable delay.
Case law and Judge's interpretation
Factors weighing against extradition (e.g., family impacts, rehabilitation) are balanced against the public interest in upholding the rule of law and enforcing sentences.
Case law and Judge's interpretation
Outcomes
Permission to appeal was refused.
The judge found no realistic prospect of the extradition order being overturned at a substantive hearing.