Marek Pawlak v Regional Court of Szczecin (Poland)

Where an extradition detainee has effectively served the custodial sentence for which extradition is sought, and the requesting judicial authority confirms that the warrant will be withdrawn, the court may allow the appeal and quash the extradition order. The operative order may be post-dated so that the detainee completes the sentence through qualifying remand before discharge. The court may grant permission to appeal and treat the hearing as the substantive hearing where the issue has resolved and the parties consent to the appropriate disposal.

The appellant was wanted for extradition to Poland to serve a 12-month custodial sentence. He had been arrested in September 2022 and detained on extradition remand. A District Judge ordered extradition in January 2023. The sole proposed ground of appeal was Article 8 of the European Convention on Human Rights.

Before the substantive hearing, the requesting judicial authority confirmed that the appellant would have served the whole sentence by 23 September 2023 and that the extradition warrant would then be withdrawn. The Crown Prosecution Service invited the court to grant permission, allow the appeal, and defer the operative date of the order to ensure completion of the sentence.

1. The court granted permission to appeal and directed that the hearing constituted the substantive hearing of the appeal.
2. The appellant’s qualifying remand meant that he was on the verge of serving the entirety of the 12-month sentence. The requesting judicial authority confirmed that the sentence would be fully served in connection with these proceedings and that the warrant would thereafter be withdrawn.
3. In those circumstances, and by consent, the appropriate disposal was to allow the appeal under section 27(2) and (4) of the Extradition Act 2003, quash the extradition order, and discharge and release the appellant in relation to the extradition proceedings.
4. The operative provisions were post-dated to 23 September 2023 so that the appellant served the full sentence through qualifying remand. The court noted that this disposal was reflected in Krzyanowski v Poland [2020] EWHC 3401 (Admin).
5. There was no order as to costs, save for detailed assessment of the appellant’s publicly funded costs.

• District Judge: extradition ordered in January 2023.
• High Court (Administrative Court): permission granted; the appeal allowed by consent; the extradition order quashed and the appellant discharged and released with effect from 23 September 2023.