Caselaw Digest
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Tibor Jozsa v Tribunal of Szekesfehervar, Hungary

10 October 2023
[2023] EWHC 2404 (Admin)
High Court
A man fled Hungary after assaulting someone. He now lives in the UK and has a family and job. A court decided that despite his family life here, he must go back to Hungary to finish his short prison sentence because he committed a serious crime and ran away.

Key Facts

  • Tibor Jozsa's appeal against extradition to Hungary for assault.
  • Assault occurred on August 6, 2015, resulting in significant injuries to the victim.
  • Jozsa fled to the UK in 2016.
  • He was convicted in Hungary in 2017 and the conviction became final in 2018.
  • A second European Arrest Warrant (EAW) for other offences was withdrawn in March 2022.
  • Jozsa spent eight months in remand in the UK before being granted bail with electronic monitoring.
  • He has established family life and employment in the UK.
  • Only four months of his one-year sentence remain to be served.

Legal Principles

Extradition must not be a disproportionate interference with Article 8 ECHR rights (right to respect for private and family life).

European Convention on Human Rights (ECHR), Article 8

The court must conduct a balancing exercise weighing the public interest in extradition against the impact on the individual's Article 8 rights.

Norris v Government of the USA (No 2) [2010] 2 AC 487; H(H) v Italy [2013] 1 AC 338; Polish Judicial Authorities v Celinski [2016] 1 WLR 551

In fresh evidence cases, the court makes its own assessment de novo.

Olga C v The Prosecutor General's Office [2016] EWHC 2211 (Admin); Versluis v The Public Prosecutor's Office [2019] EWHC 764 (Admin); De Zorzi v Attorney General [2019] 1 WLR 6249

Outcomes

Appeal dismissed; extradition ordered.

The court found that extradition would not be a disproportionate interference with Jozsa's Article 8 rights, considering the seriousness of the offence, his fugitivity, and the relatively short remaining sentence. The withdrawal of EAW 2, while altering the circumstances, did not tip the balance.

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