Caselaw Digest
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Pawel Tomasz Chrobot v Polish Judicial Authority

14 November 2023
[2023] EWHC 2857 (Admin)
High Court
A man wanted in Poland for crimes committed over a decade ago is fighting extradition to the UK. A judge decided that while his family life here is important, the need to see justice done in Poland is more important, and his attempt to appeal was rejected.

Key Facts

  • Pawel Tomasz Chrobot (Appellant) is wanted for extradition to Poland.
  • Extradition Arrest Warrant issued in 2013, certified in 2022.
  • Appellant arrested in September 2022 and has been on qualifying remand for over 14 months.
  • Two index offences: robbery with threat to kill (2008) and warehouse burglary (2009).
  • Appellant received suspended sentence for robbery, activated after burglary conviction.
  • Appellant came to the UK in 2011, has a long-standing relationship with his partner.
  • District Judge Tempia ordered extradition in February 2023.
  • Appellant's appeal for permission to appeal was refused by Kerr J on the papers.

Legal Principles

Article 8 ECHR (right to private and family life)

European Convention on Human Rights

Extradition

Extradition Act 2003

Outcomes

Application for permission to appeal refused.

The Judge's finding that the Appellant was present at the activation hearing is unassailable. The 9-year delay was considered 'unexplained' by the Judge, and the argument that it was 'culpable' on the part of the UK authorities is not considered materially different. The weight of public interest in favour of extradition outweighs the Article 8 considerations. The robbery sentence cannot be 'displaced' by focusing solely on the burglary sentence and the prospect of early release.

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