Grzegorz Kozubal v Regional Court In Rzeszów, Poland
[2024] EWHC 3032 (Admin)
Mykhailo Kozak v BUDA Central District Court, Hungary
27 January 2023
[2023] EWHC 149 (Admin)
High Court
A man was arrested and held for over two years while waiting to be sent to Hungary for getting a fake passport. A judge decided that keeping him in jail that long, before he even went to trial, was unfair, so they let him go.
Key Facts
- •Appeal against extradition to Hungary based on a European Arrest Warrant (EAW) for allegedly persuading a clerk to issue a false passport.
- •Appellant has been in custody for over 2 years and 3 months.
- •Appeal based on proportionality (s.21A Extradition Act 2003) and Article 8 ECHR.
- •District Judge's consideration of proportionality deemed insufficient.
- •Appellant admits guilt but argues extradition is disproportionate due to time served on remand.
- •Expert evidence from Dr. Huszti (Hungarian criminal lawyer) considered.
Legal Principles
Proportionality under s.21A Extradition Act 2003 for accusation warrants requires separate assessment.
Miraszewski v Poland [2014] EWAC 4261
Seriousness of conduct, likely penalty, and possibility of less coercive measures are specified matters for proportionality assessment under s.21A(3).
s.21A(3) Extradition Act 2003
Seriousness of conduct is judged against domestic standards, considering the nature of acts, culpability, and harm caused.
Miraszewski v Poland [2014] EWAC 4261
Likely penalty focuses on whether extradition is proportionate if a custodial sentence is unlikely; considers domestic sentencing practice when information from requesting state is absent.
Miraszewski v Poland [2014] EWAC 4261
Less coercive measures should be considered; burden of proof lies on the requested person to identify suitable alternatives.
Miraszewski v Poland [2014] EWAC 4261
Court considers time spent on remand in proportionality assessment.
Kalinauskas v Lithuania [2020] EWHC 191 and Lucki v Regional Court in Bydgoscz [2022] EWHC 818 (Admin)
Outcomes
Appeal allowed; Appellant discharged from extradition proceedings.
Extradition deemed disproportionate due to the lengthy time spent on remand exceeding any likely sentence in the UK or Hungary, outweighing the seriousness of the offence and lack of less coercive alternatives.
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