Reece-Edwards v District Court, Suwalki

Section 25 of the Extradition Act 2003 imposes a very high threshold. Extradition is unjust or oppressive only where the person’s physical or mental condition makes extradition unacceptable on the evidence. A long-standing condition, without marked deterioration or evidence that necessary treatment will be unavailable in the requesting state, will not ordinarily satisfy that threshold. The possibility that treatment may be available in the United Kingdom does not by itself justify an adjournment.

The appellant appealed under section 25 of the Extradition Act 2003 against an order for extradition to Poland to answer a charge of forging a registration certificate relating to a stolen motor vehicle. The statutory extradition requirements had been conceded below, and no extradition bar or human-rights issue arose.

The appeal concerned whether the appellant’s physical and mental condition made extradition unjust or oppressive, and whether the hearing should be adjourned to allow treatment in the United Kingdom.

1. Appeal dismissed. The appeal was wholly without merit.
2. Section 25 of the Extradition Act 2003 sets a very high threshold. The appellant’s long-standing hepatitis C, without evidence of marked deterioration, did not satisfy it.
3. The evidence indicated that treatment could be provided in Poland. The reference to hepatitis B in the Polish letter did not establish that treatment for hepatitis C was unavailable.
4. Later evidence that treatment might be provided in the United Kingdom did not show that equivalent treatment could not be obtained in Poland.
5. The proposed adjournment under section 25(3)(b) could not succeed because the evidence did not establish the statutory condition in section 25(2).
6. Mr Justice Tugendhat agreed with Lord Justice Dyson and associated himself with the concern about the circumstances in which the appeal had been brought. The court made no order affecting legal aid.

• High Court (Administrative Court): The Divisional Court dismissed the appeal against the extradition order made by District Judge Workman on 8 September 2009.