Basiak v Regional Court In Kielce Poland

An appeal under section 26 of the Extradition Act 2003 must be dismissed where the appellant identifies no arguable basis for challenging the extradition decision. Bail pending removal may nevertheless be granted where stringent conditions sufficiently address the risk of flight. Relevant factors include the appellant’s history and use of a false identity, financial and family ties, proposed security, residence, curfew, electronic monitoring, reporting requirements and surrender of travel documents.

The appellant appealed under section 26 of the Extradition Act 2003 against District Judge Coleman’s decision of 19 December 2012 directing his removal to Poland. The extradition concerned charges relating to the supply of amphetamines and sentences imposed for robbery and assault.

The appellant accepted that he had no basis for challenging the removal decision. The remaining issue was whether he should be granted bail pending arrangements for his removal.

1. The appeal against the decision directing removal to Poland was dismissed. The appellant accepted that he could not advance any argument challenging extradition, and the court found that the appeal therefore had to fail.

2. Bail pending removal was granted subject to stringent conditions. The court recognised substantial concerns about flight risk because the appellant had previously lived under a false identity and appeared to have been a fugitive from justice, particularly in relation to the convictions.

3. The court nevertheless considered that those concerns were sufficiently reduced by the appellant’s property and financial ties, his wife and children, and arrangements for his family to accompany him to Poland. Bail was granted on conditions requiring a £20,000 deposit, residence at the specified address, a 9 pm to 6 am curfew enforced by electronic tagging, daily reporting to Milton Keynes Central Police Station, and surrender of his passport and identity card.

4. Bail was to continue pending notification of the arrangements for removal, including any requirement to report on the day or day before the flight.

• High Court (Administrative Court): The appeal under section 26 of the Extradition Act 2003 against District Judge Coleman’s decision of 19 December 2012 was dismissed. Bail pending removal was granted subject to conditions.