Ziolkowski v Circuit Court of Torun, Poland

In deciding whether to vary bail pending an extradition hearing, the court may maintain stringent conditions where the evidence establishes a considerable risk of flight. Existing conditions requiring surrender of identity documents and financial security will be upheld where they are objectively justified by that risk. Personal circumstances, including paternal feelings, will not outweigh the risk where the person is prohibited from seeing his children except by arrangement and is accused of domestic violence.

The appellant sought variation of bail conditions imposed in extradition proceedings. Two District Judges had required surrender of his passport and identity card, together with a surety or security originally fixed at £500 and later reduced to £400. The extradition hearing was due to take place in the Magistrates’ Court in approximately two weeks. The appellant relied on his paternal feelings for his three children. The respondent relied on evidence that he was accused of domestic violence and was prohibited from seeing the children except by arrangement pending a possible criminal trial.

The issue was whether the existing bail conditions should be varied or whether the appellant should remain in custody pending the substantive hearing.

1. Application refused. The court declined to vary the bail conditions imposed by the two District Judges.
2. The surrender of the appellant’s passport and identity card, together with the requirement for a surety or security of £400, was justified by the circumstances of the case.
3. The appellant’s flight risk was considerable. His paternal feelings for his children did not materially reduce that risk, particularly because the evidence indicated that he was accused of domestic violence and was prohibited from seeing the children except by arrangement.
4. The conditions imposed by the District Judges were unimpeachable. The appellant was therefore required to remain in custody until the substantive extradition hearing in the Magistrates’ Court.

The judgment records that two District Judges had imposed the relevant bail conditions. The Administrative Court refused the appellant’s application to vary them and ordered that he remain in custody until the substantive hearing in the Magistrates’ Court.