Summary
Where a European arrest warrant concerns a single sentence imposed for several offences, the requested person must be discharged in respect of each offence which fails the dual criminality requirement. Extradition may nevertheless proceed for the remaining offences. An aggregate sentence can satisfy the warrant-information requirement and the minimum four-month sentence threshold without allocation between individual offences.
Specialty bars extradition only where effective specialty arrangements are absent. A strong presumption exists that an EU Member State will comply with its international obligations. Compelling evidence is required to rebut that presumption. Uncertainty about the requesting state’s procedure for disaggregating or revising a sentence is insufficient without evidence that extradited persons have actually been required to serve sentences attributable to offences for which extradition was refused.
Factual background
Four linked appeals concerned European arrest warrants issued by Polish judicial authorities under Part 1 of the Extradition Act 2003. Each appellant was wanted to serve a single sentence imposed for multiple offences. In each case, at least one offence was alleged or accepted to fall outside the statutory definition of an extradition offence.
The court considered whether the conduct underlying particular offences satisfied dual criminality; whether discharge was required for each non-extradition offence; whether an aggregate sentence satisfied the warrant and minimum-sentence requirements; and whether extradition for the remaining offences would infringe specialty because the Polish sentence might not be capable of disaggregation.
Held
Brodziak’s and Madej’s appeals were dismissed. Marczuk’s and Dunec’s appeals were allowed only in respect of the identified non-extradition offences, for which they were discharged; their appeals concerning the remaining offences were dismissed.
For dual criminality under section 65(3)(b) of the Extradition Act 2003, mens rea may be inferred where the stated facts impel the inference. Madej’s acquisition of goods from unidentified persons in the described circumstances supported the only reasonable inference that his handling was dishonest and that he knew or believed the goods to be stolen. By contrast, Marczuk’s stated alcohol level did not establish either driving above the applicable statutory limit or incapacity to control a bicycle. Dunec’s offensive-name-calling offence was conceded not to satisfy dual criminality.
Section 10, as modified for multiple offences, requires discharge in relation to each offence which is not an extradition offence. The court proceeds under section 11 only for qualifying offences. The contrary approach in Zboinski and Mikolajczak was not followed. Kucera had itself proceeded on the basis that extradition could not be ordered for the offence which failed dual criminality.
A single sentence imposed for several offences can satisfy section 2(6)(e), even where one offence cannot form the subject of extradition. It is also sufficient under section 65(3)(c) that the sentence imposed for the conduct taken as a whole was at least four months. The principles in Pilecki and Kucera were applied, while the inconsistent approach in Wiercinski was not followed.
The United Kingdom had specialty arrangements with Poland through article 27(2) of the Framework Decision and article 607e of the Polish Criminal Procedure Code. A strong presumption exists that a Member State will comply with those obligations. The requested person must provide compelling evidence to rebut it.
The Polish authority’s response was unsatisfactory because it supplied neither the requested assurance nor a clear procedure for disaggregation or re-sentencing. Requiring service of the unadjusted aggregate sentence would in practice attribute part of the imprisonment to a non-extradition offence. Nevertheless, the evidence did not rebut the presumption. Polish law appeared consistent with specialty, a domestic remedy had not been shown to be unavailable, and there was no evidence of any actual case in which an extradited person had served a sentence attributable to an offence for which extradition was refused.
The court’s approach to earlier authorities
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Appellate history
- High Court (Administrative Court): Brodziak’s and Madej’s appeals against extradition orders were dismissed. Marczuk’s appeal was allowed for offences (iii) and (v), and Dunec’s appeal was allowed for offence (iii); both were discharged for those offences, while their appeals concerning the remaining offences were dismissed.
- Westminster Magistrates’ Court: District judges ordered the extradition of all four appellants. Brodziak’s order was confined to the two offences accepted to be extradition offences.
Key cases cited
14 authorities cited.
- Zakrzewski v The Regional Court in Lodz, Poland [2013] UKSC 2
- Pilecki (Appellant) v Circuit Court of Legnica, Poland (Respondents) (Criminal Appeal from Her Majesty's High Court of Justice) [2008] UKHL 7
- Mikolajczak v District Court In Kalisz, Poland [2013] EWHC 432 (Admin)
- Ministry of Justice (Romanian Judicial Authority) v Bohm [2013] EWHC 1171 (Admin)
- Arronategui v 1st, 2nd, 3rd, and 4th Sections of the National High Court Madrid, Spain [2012] EWHC 1170 (Admin)
- R (Tokarski) v Circuit Court in Swidnica, Poland [2012] EWHC 2247 (Admin)
- Assange v Swedish Prosecution Authority [2011] EWHC 2849 (Admin)
- Zboinski v Circuit Law Court In Swidnica Poland [2011] EWHC 558 (Admin)
- Kucera v The District Court of Karvina, Czech Republic [2008] EWHC 414 (Admin)
- Wiercinski v 2nd Division of the Criminal Circuit In Olsztyn, Poland [2008] EWHC 200 (Admin)
- Jaso & Ors v Central Criminal Court No.2 Madrid [2007] EWHC 2983 (Admin)
- Cokaj (aka Gashi) v Secretary of State for the Home Department, Government of Albania [2007] EWHC 238 (Admin)
- USA, R (on the application of) v Senior District Judge, Bow Street Magistrates' Court [2006] EWHC 2256 (Admin)
- Hilali v The National Court, Madrid & Anor [2006] EWHC 1239 (Admin)
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Cases citing this case
15 later cases · 10 positive · 2 neutral · 3 caution
Most senior citing decisions:
- Marius-Mihai Nisipeanu v District Court of Dolj, Romania [2024] EWHC 385 (Admin) applied
- Nicolae Prejoinau v Deputy General Prosecutor of Messina (Italy) [2023] EWHC 2378 (Admin) followed
- Jaroslaw Halabis v Polish Judicial Authority [2023] EWHC 2318 (Admin) followed
- Suceava District Court, Romania v Marian Gurau [2023] EWHC 439 (Admin)
- Viorel Nonea v Judecatoria Oradea Romania [2022] EWHC 2217 (Admin)
- KULIGA v POLISH JUDICIAL AUTHORITIES [2022] EWHC 498 (Admin)
- Enasoaie v Court of Bacau, Romania [2021] EWHC 69 (Admin)
- Lis & Anor v Regional Court in Warsaw, Poland & Anor (No 2) [2019] EWHC 674 (Admin)
- Cleveland v The Government of the United States of America [2019] EWHC 619 (Admin)
- Connor & Ors v Public Prosecutor's Office Augsburg, Germany [2018] EWHC 829 (Admin)
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