Caselaw Digest
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Maciej Wloch v Polish Judicial Authority

30 November 2023
[2023] EWHC 3079 (Admin)
High Court
A man accused of a massive phone scam wanted in Poland asked for bail while fighting extradition. Even though he offered a lot of money as a guarantee he wouldn't run, the judge said no because he was worried the man would flee. The judge's decision was based on his risk assessment and doesn't mean the man is guilty, only that there's a risk he might run away before his case is heard.

Key Facts

  • Application for bail in an extradition case.
  • Applicant (Maciej Wloch) is wanted in Poland for 123 alleged offences related to a large-scale telephone scam targeting elderly people.
  • Applicant is alleged to be a leader of an organized criminal group.
  • Alleged offences include fraud, attempted fraud, and money laundering (over £1.2 million).
  • Applicant is resisting extradition on multiple grounds.
  • Bail hearing scheduled for January 30, 2024.
  • £70,000 pre-release security offered by a friend.
  • Applicant has a partner and four children in the UK.
  • Applicant provided a false identity upon arrest.
  • Concerns raised about the provenance of the £70,000 bail money.

Legal Principles

Statutory presumption in favour of bail in accusation extradition cases.

High Court's statutory function on a bail appeal

The court's role is to conduct a risk assessment, considering factors such as flight risk and the seriousness of the allegations.

High Court judgment

Outcomes

Bail application refused.

The judge found there were substantial grounds for believing the applicant would abscond, and the pre-release security and other bail conditions did not allay those concerns. Concerns were raised about the source of the bail money and the applicant's apparent mobility and history of providing false identities.

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