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Vermes v Hungarian Judicial Authority

8 August 2023
[2023] EWHC 2288 (Admin)
High Court
A man wanted in Hungary for stealing things when he was younger asked for bail while waiting for his extradition trial. Because he's skipped out on court before, the judge didn't think he'd show up for his trial, so they kept him in jail.

Key Facts

  • Applicant is a 25-year-old Hungarian national facing extradition on three arrest warrants for theft-related offences committed when he was a juvenile.
  • Applicant has been in custody since January 30, 2023, and has had previous bail applications refused.
  • Applicant offered stringent bail conditions, including a £2000 security, electronic curfew, and weekly police reporting.
  • Applicant claims ill health in custody, impacting his ability to manage a medical issue and obtain necessary evidence for his extradition hearing.
  • Applicant has previous convictions in Hungary for dishonesty and escaping lawful custody, and a history of failing to comply with reporting requirements related to previous arrest warrants.
  • Applicant has family ties in the UK and Germany.

Legal Principles

Presumption of bail applies in accusation cases.

Not explicitly stated, but implied by the judge's consideration of the matter afresh.

Court must consider whether there are substantial grounds to believe the applicant would fail to surrender if released on bail.

Not explicitly stated, but implied by the judge's assessment of the risk of absconding.

Proportionality of continued custody must be considered.

Explicitly mentioned by the judge and argued by the applicant's counsel.

Outcomes

Bail application dismissed.

The judge found substantial grounds to believe the applicant would fail to surrender due to his history of non-compliance with legal requirements, despite the stringent bail conditions offered. The judge did not find the applicant's medical condition, family ties, or length of custody sufficient to outweigh the risk of absconding.

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