Golabek v Regional Court of Warsaw In Poland

An appeal under section 26 of the Extradition Act 2003 is valid only if the appellant’s notice is filed and served within the prescribed seven-day period. The court cannot extend that period. Failure to serve the respondent within time means that no valid appeal has been instituted. The appeal must therefore be dismissed, irrespective of a later contention that the European Arrest Warrant may have been withdrawn.

The appellant sought to challenge an order made by District Judge Purdy at Westminster Magistrates’ Court on 28 April 2010, directing his extradition to Poland under a European Arrest Warrant. The extradition hearing had been uncontested. On statutory appeal, the appellant relied on subsequent Polish proceedings and asserted that the warrant had been withdrawn.

The respondent submitted that no valid appeal existed because the appellant had not served the notice of appeal on the Crown Prosecution Service within the prescribed period. The central issue was whether the statutory and procedural requirements for filing and service had been met.

1. The appeal was dismissed. The appellant had not served the notice of appeal on the Crown Prosecution Service, and therefore had not instituted a valid appeal.

2. Section 26(4) of the Extradition Act 2003 requires notice of an appeal to be given in accordance with the rules of court within seven days beginning on the day the order is made. Paragraph 22.6A(3)(a), section 2 of Part 52 of the Civil Procedure Rules 1998, requires the appellant’s notice to be filed and served within that period.

3. The court applied the majority decision in Mucelli v Government of Albania [2009] 1 WLR 276. That decision established that the notice must be lodged and served on both the court and respondent within seven days, that the period cannot be extended, and that failure to serve within time makes the appeal irredeemably out of time.

4. The appellant had been given an opportunity to address the service objection but identified no reason why the Mucelli principle should not apply. The possible withdrawal of the European Arrest Warrant did not cure the procedural defect. The order was stayed for 14 days.

• Westminster Magistrates’ Court: District Judge Purdy ordered the appellant’s extradition to Poland on 28 April 2010.
• High Court (Administrative Court): The statutory appeal was dismissed because the notice of appeal had not been served on the Crown Prosecution Service within seven days.