Jaworski v Regional Court Katowice Poland

Under section 14 of the Extradition Act 2003, return is assessed by reference to all the circumstances. Flight from an earlier sentence is relevant but not determinative. Delay may cause oppression where it creates a real risk of prejudice to the defence. There must be a causal nexus between delay and the alleged oppression. The impact on a dependent spouse may be materially greater where the period of absence is uncertain than where the person will serve a known, finite sentence.

The appellant challenged an extradition order made by District Judge Purdy on 4 December 2007 under two European arrest warrants issued by the Regional Court of Katowice, Poland.

The first warrant concerned allegations of forgery and trafficking in stolen vehicles dating from 1993. The second concerned a 1994 conviction and an unserved sentence of 10 months and three days. The appellant relied on section 14 of the Extradition Act 2003, alleging oppression arising from delay in the first case and from the effect of return on his severely depressed wife in the second.

1. First warrant: the appeal was allowed. The appellant’s flight from Poland was relevant to the section 14 assessment but did not determine it or prevent reliance on section 14 in relation to separate allegations.
2. The 14-year delay materially increased the difficulty of defending the allegations and created a real risk of prejudice. Applying Filipczak v Provincial Court (5th Criminal District) Warsaw-Praga, Poland [2006] EWHC 2700, the court held that the required causal nexus between delay and oppression was established.
3. The appellant’s wife was severely depressed and dependent on his care. An unforeseeable period without that care made return oppressive.
4. Second warrant: the appeal was dismissed. The appellant had fled a known sentence of 10 months and three days. Its finite duration made the effect on his wife materially less oppressive.
5. Legal aid assessment for costs was ordered.

• District Judge Purdy: ordered extradition on 4 December 2007 under two European arrest warrants.
• High Court (Administrative Court): allowed the appeal concerning the first warrant and dismissed it concerning the second.