Szarlinski v Regional Court In Elblag, Poland

An extradition appeal cannot ordinarily succeed on factual matters that were not raised before the district judge. The appellate court cannot go behind a valid extradition warrant to reconsider the stated sentences. Family ties in England, the resulting difficulty of visits, and proposed threats in the requesting state do not, without more, constitute grounds for refusing extradition. Bail to facilitate family visits is not a ground for refusing extradition.

The appellant challenged an order made by District Judge Arbuthnot on 16 March 2012 directing his extradition to Poland to serve custodial sentences for assault and drug offences. He disputed the stated length and alleged suspension of the sentences, referred to threats in Poland, and relied on the fact that his family lived in England. The district judge had found no statutory or human-rights bar to extradition and held the warrant valid. The central issues were whether those matters could be raised or reconsidered on appeal and whether they justified interference with the extradition order.

1. Appeal dismissed. There was no reason to interfere with the district judge’s decision ordering extradition.
2. The appellant’s contention that the sentences were shorter or suspended had not been raised before the district judge. In any event, the appellate court could not go behind the warrant, and the unsupported contention did not provide a basis for allowing the appeal.
3. Alleged threats in Poland could not be raised for the first time on appeal. The court also expressed substantial doubt that such matters would constitute a bar to extradition on the facts, particularly where extradition was sought so that the appellant could serve a custodial sentence.
4. The fact that the appellant’s family lived in England, and that visits might therefore be difficult, was a common feature of extradition cases and could not defeat extradition. The court declined to grant bail merely to enable family visits; that was not a ground for refusing extradition.

• District Judge Arbuthnot: On 16 March 2012, ordered the appellant’s extradition to Poland after finding that no statutory or human-rights bar had been established and that the warrant was valid.
• High Court (Administrative Court): Dismissed the appeal and declined to interfere with the extradition order.