Jacek Smolarek v Polish Judicial Authority
[2023] EWHC 2860 (Admin)
Lukasz Talaga v Polish Judicial Authority
30 October 2024
[2024] EWHC 3015 (Admin)
High Court
A man was arrested in the UK and faced extradition to Poland for crimes he committed 20 years ago. Because he'd already spent a long time in a UK jail, had a family in the UK who would suffer greatly if he was sent away, and there was a good chance he'd be released soon in Poland anyway, a judge decided it was unfair to send him back to Poland.
Key Facts
- •Appeal against extradition to Poland to serve two consecutive one-year sentences for offences committed in 2002 and 2004.
- •Appellant, Lukasz Talaga, had been in UK custody since May 2023.
- •Offences involved attempted car theft and fraudulent obtaining of mobile phones.
- •Original sentences were suspended but activated in 2006 due to further offences and breach of probation.
- •Appeal based on disproportionate interference with Article 8 ECHR rights due to family ties in the UK and lengthy delays in extradition proceedings.
- •Significant delay between sentence activation (2006) and extradition warrant (2020).
Legal Principles
Proportionality of extradition under Article 8 ECHR
European Convention on Human Rights, Article 8
Consideration of time served in custody when assessing proportionality
Szombathely City Court and Others v Fenyvesi [2009] EWHC 231 (Admin)
Treatment of early release provisions in the requesting state's legal system
Andrysiewicz v Circuit Court in Lodz, Poland [2024] EWHC 1399 (Admin); various other cases cited
Outcomes
Appeal allowed; appellant discharged.
The court found that extradition would be disproportionate due to the significant time already served in UK custody (over two-thirds of the sentence), the adverse impact on the appellant's family, the lengthy and unexplained delays, and the appellant's prospects of early release in Poland.