Demeter v Okresny Sud Humenne (Slovakia)

Where an appellant has insufficient notice of an appeal hearing and cannot attend for reasons not attributable to the parties, proceeding in the appellant’s absence may be unfair. The appropriate course is to adjourn and ensure that the appellant receives prompt written notice of the resumed hearing. The court may also permit solicitors to come off the record where the application is properly made.

This was an appeal under Extradition Act 2003 against a decision of District Judge Gareth Branston in Westminster Magistrates’ Court on 5 April 2017. The district judge had dismissed an appeal against the appellant’s return to Slovakia under a European Arrest Warrant, where he was required to serve a six-month prison sentence.

Permission to appeal was granted on one ground under section 20 of the Extradition Act 2003: whether the appellant had been deliberately absent from his trial and whether he would have a right to a retrial on return. The immediate issue was whether the appeal could fairly proceed when the appellant, who was not in custody, had received only short notice and could not attend.

1. The appeal was adjourned to 16 November 2017. The appellant had been informed of the hearing, but the notice was short and he was unable to attend. Proceeding in his absence would have been unfair in the circumstances.
2. The Administrative Court Office was directed to notify the appellant in writing immediately of the adjourned hearing. The respondent was invited to provide further notification if it had an address for him.
3. The court made no determination on the substance of the section 20 ground. Further information from the Slovak judicial authority appeared to indicate that the appellant would be served with the relevant decision and permitted to apply for a retrial, but the court made no further comment because the matter had not been argued.
4. The application by ACA Law Limited, dated 3 November 2017, to come off the record was granted.

• Westminster Magistrates’ Court: On 5 April 2017, District Judge Gareth Branston dismissed the appellant’s appeal against his return to Slovakia under a European Arrest Warrant.
• High Court (Administrative Court): The appeal was adjourned to 16 November 2017. The court directed immediate written notification to the appellant and did not determine the substantive section 20 ground.