Nazimek, R (on the application of) v District Court, Krakow

An application by legal representatives to come off the record may be refused where it is made too late. Where the appellant is consequently unable to advance submissions, the appeal may be dismissed.

The appellant appealed in connection with a conviction and European arrest warrant concerning assaults on police officers and public-order offences. He had raised arguments based on Article 8 and delay. His counsel sought permission to come off the record, but the application was made late and the court refused it. Counsel was then unable to advance submissions on the appeal.

1. The application by counsel to come off the record was refused because it had been made too late.
2. The court noted that counsel was consequently unable to advance submissions on the appellant’s arguments concerning Article 8 and delay.
3. The appeal was dismissed.

The judgment states that the matter was an appeal concerning a conviction and European arrest warrant, but gives no citation for the decision under appeal or further appellate history.