Marcin Cwiklinski v Polish Judicial Authority
[2023] EWHC 2901 (Admin)
Lukasz Kobus v Polish Judicial Authority
21 November 2023
[2023] EWHC 2953 (Admin)
High Court
A man is wanted in Poland for crimes he committed years ago. He lives in the UK with his family and doesn't want to go back to Poland. A judge considered his family situation but decided the crimes were serious enough to send him back to Poland to serve his sentence.
Key Facts
- •Appellant (aged 42) wanted for extradition to Poland for offences committed between 2001 and 2012 (fraud, theft, drink-driving).
- •Initial extradition order in 2020, quashed after sentence aggregation in Poland, leading to a replacement warrant in 2022.
- •District Judge ordered extradition in March 2023.
- •Appellant argues against extradition based on Article 8 ECHR (right to private and family life), citing family ties in the UK.
- •Appellant's partner and 12-year-old daughter live in the UK.
- •Appellant claims to have turned his life around since the offences.
Legal Principles
Article 8 ECHR (right to private and family life)
European Convention on Human Rights
Outcomes
Appeal dismissed.
No realistic prospect of success at a substantive hearing. The judge considered the Article 8 arguments, but balanced them against the serious nature of the offences and the significant remaining custodial sentence. The passage of time, while relevant, did not outweigh the public interest in extradition.