Goliszewski v District Court of Lublin, Poland

An extradition appeal may be dismissed while the court defers sealing the extradition order where a short, justified delay is appropriate. The statutory period governing extradition then runs from the date on which the order is sealed, rather than from the date of judgment. A medical report indicating continuing symptoms and recommending further investigation did not provide substantive grounds to reverse the extradition decision, but justified a limited extension where the extradition was not urgent.

The appellant appealed against District Judge Evans’s decision ordering his extradition to Poland. He relied on a medical report concerning continuing symptoms following a road accident. The report recommended MRI scans of the appellant’s shoulder and knee. Counsel accepted that the report disclosed no substantive ground on which the extradition decision could be reversed.

The central issue was whether the court should nevertheless allow a short period before sealing the order, so that the recommended medical investigations could be pursued and extradition would not take place immediately.

1. The appeal was dismissed because no substantive ground had been identified for reversing the District Judge’s extradition decision.
2. The court accepted that the medical report was genuine and recorded continuing symptoms following the appellant’s road accident. The recommendation for MRI scans did not establish a legal basis for allowing the appeal.
3. There was a recognised backlog in extraditions to Poland, and the case was not one of immense urgency. In those circumstances, the court directed that the dismissal order should not be sealed until 31 July 2012.
4. The 14-day period referred to in section 36(5) was therefore to operate from 31 July 2012. The Polish authorities could not extradite the appellant until after 14 August 2012.
5. Subject to that extension of time, the appeal was dismissed.

• High Court (Administrative Court): The appeal against District Judge Evans’s extradition order was dismissed, subject to a direction delaying sealing of the order until 31 July 2012.