Rafaelova v District Court Bratislava (Slovakia)

[2014] EWHC 4082 (Admin)

Summary

An extradition appeal will be dismissed where the appellant cannot advance an arguable ground of challenge and the circumstances disclose no sufficient basis for refusing extradition on family-hardship grounds.

Factual background

The appellant appealed against District Judge Blake’s order for her extradition to Slovakia to serve a sentence of imprisonment following conviction for an offence described as robbery. The appellant had been present at her trial. The District Judge had considered her family circumstances and found no sufficient hardship to justify refusing extradition. The central issue was whether any ground existed to challenge that decision.

Held

  1. The appeal was dismissed. Counsel was unable, rightly, to advance any ground of appeal.
  2. The District Judge had carefully considered the appellant’s family circumstances. No particular hardship issue had been raised, and the circumstances did not provide a sufficient basis for refusing extradition.
  3. The offence arose from organised pickpocketing, the appellant had come to the United Kingdom as a fugitive, she had continued to offend and had received further custodial sentences, and a substantial period of imprisonment remained to be served. Those matters supported the decision to order extradition.

The court’s approach to earlier authorities

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Appellate history

  • High Court (Administrative Court): Appeal against District Judge Blake’s extradition order dismissed.

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