R v Thomasz Mysiak

An appellate court should not allow a conviction to stand where the prosecution clearly accepts that the conduct did not constitute the offence charged. In unusual circumstances, it may extend time for appealing, grant leave where required, and quash the conviction despite a delay of several years. Extradition also limits the offences for which a person may be prosecuted: an offence not included in the European Arrest Warrant cannot properly be prosecuted under the relevant provisions of the Extradition Act 2003.

The appellant was tried in his absence in 2018 and convicted of conspiracies involving a prohibited weapon and prohibited ammunition. He later sought an extension of more than seven years to appeal the ammunition conviction. Following extradition from the Netherlands in 2022, he was also convicted of failing to surrender to bail and sought an extension of more than three years. The Crown accepted that the ammunition was not prohibited and that the bail offence was outside the European Arrest Warrant. The court therefore considered whether to extend time, grant leave where necessary, and quash the convictions.

Disposition

The applications were granted. The conviction for conspiracy to sell or transfer prohibited ammunition and the conviction for failing to surrender to bail were quashed.

1. The prosecution accepted that the ammunition was not prohibited ammunition and that the offence of which the appellant was convicted had not been committed. In those unusual circumstances, it would be wrong to allow the conviction to stand. The court therefore exceptionally extended time by 2,560 days, granted leave to appeal, and quashed the conviction. The valid conviction for conspiracy concerning the weapon remained unaffected, and the time in custody was attributable to that offence.
2. The appellant had been extradited under a European Arrest Warrant which did not include the bail offence. As explained in R v Seddon [2009] EWCA Crim 483, [2009] 1 WLR 2342, the relevant provisions of the Extradition Act 2003 do not permit prosecution for an offence not included in the warrant.
3. The appellant had a right of appeal under section 13 of the Administration of Justice Act 1960, subject to a 28-day time limit. Given the Crown’s acceptance that he should not have been prosecuted for the bail offence, the court extended time by 1,124 days and quashed that conviction.

• Court of Appeal (Criminal Division) — Granted the applications, extended time, granted leave to appeal against the ammunition conviction, and quashed the convictions for conspiracy to sell or transfer prohibited ammunition and failing to surrender to bail: [2025] EWCA Crim 1292.
• Crown Court at Kingston upon Thames — Convicted the appellant in his absence in 2018 of the relevant offences and imposed concurrent and consecutive sentences.