Krygier v Wieslaw Pedziwiatr Circuit Law Court in Swidnica Poland

An application pending before the requested state for deferral or withdrawal of a European arrest warrant will not ordinarily provide a proper ground for allowing an extradition appeal or deferring extradition. Nevertheless, where the circumstances justify it, the court may dismiss the appeal while directing that removal does not take place until a specified period after the foreign hearing. The court may subsequently amend that direction if further information warrants a different timetable.

The appellant challenged a decision of District Judge Zani dated 31 July 2014 ordering his extradition to Poland under a conviction warrant concerning six offences and an outstanding sentence of just under two years.

He relied on a hearing in Poland listed for 5 December 2014, at which an application was expected to be made to defer the European arrest warrant for one year or withdraw it. The central issue was whether that pending application justified allowing the appeal or delaying extradition.

1. Appeal dismissed. The appellant had no proper ground on which the extradition order could be set aside.
2. A pending application in Poland to defer or withdraw the European arrest warrant was not, in the ordinary course, a good reason to defer extradition. The appellant’s belief that the application was likely to succeed did not alter that conclusion.
3. In the particular circumstances, the court adopted a practical timetable. Although the appeal was dismissed, removal pursuant to the dismissal was not to take place until 10 days after the Polish hearing, namely 16 December 2014.
4. The court indicated that the period could be lengthened or shortened if information from the appellant’s representative or the Polish authorities justified amendment of the order.
5. Ms Nice was directed to be properly remunerated for assisting the appellant at the hearing.

• District Judge: On 31 July 2014 District Judge Zani ordered the appellant’s extradition to Poland on a conviction warrant.
• High Court (Administrative Court): The appeal was dismissed. Removal was deferred until 16 December 2014, subject to possible amendment if further information justified it.