Hebda v District Court in Krakow, Poland

In an extradition appeal involving suicide risk, oppression under section 25 of the Extradition Act 2003 requires an overall value judgment. The court must assess the risk at the moment of any attempted suicide. A decision is not voluntary merely because the person has repeatedly expressed an intention to die or has prepared for suicide. The relevant question is whether mental illness removes the capacity to make a rational and thought-through decision at that moment.

The court must also examine whether the requesting state can provide the level of supervision and treatment required by the evidence. The ordinary presumption that a European requesting state will protect a prisoner may be rebutted by strong case-specific evidence. In exceptional circumstances, the public interest in extradition may be outweighed by suicide risk, family separation and the passage of time.

Edmund Hebda appealed against District Judge Zani’s order for his extradition to Poland to face prosecution for three alleged financial offences. The appeal concerned Article 8 of the Convention and section 25 of the Extradition Act 2003.

Mr Hebda had a history of depression, suicide attempts and alcohol misuse. He relied on expert evidence that extradition would materially increase the risk of suicide and that intensive supervision would be required. Fresh expert and medical evidence was admitted on appeal. The central questions were whether the District Judge had properly assessed the evidence, whether extradition would be oppressive, and whether it would be a disproportionate interference with Article 8 rights.

1. Appeal allowed. The District Judge’s order for extradition was quashed.
2. Section 25 of the Extradition Act 2003 requires an overall value judgment. The court must consider the high threshold for oppression, the substantial risk of suicide, the person’s mental condition, the arrangements available in the requesting state, and the public interest in giving effect to extradition obligations.
3. The relevant question under Turner is whether, at the moment of the attempted suicide, the person’s depressive condition removes the capacity to make a rational and thought-through decision. The inquiry is not confined to the person’s general statements or preparatory conduct.
4. The District Judge had failed to grapple with Dr Furtado’s consistent evidence that Mr Hebda’s attempts arose when depression produced hopelessness and an inability to resist the impulse to die. He had also failed to explain his departure from that evidence.
5. The fresh evidence satisfied the second stage of Hungary v Fenveysi because it was decisive of the outcome. The evidence established a strong probability of attempted suicide on extradition and a real possibility of success despite measures to treat or monitor Mr Hebda.
6. The District Judge had not adequately considered whether the Polish authorities could provide the intensive 24-hour one-to-one supervision required by the evidence. The ordinary presumption that Poland would discharge its responsibilities was rebutted because no evidence showed that the necessary supervision would be available. The evidence in Szentak did not address this particular requirement.
7. Extradition would be oppressive under section 25. Mr Hebda had attempted suicide on four occasions, would lose the protective support of almost all his close family, and was sought for offences alleged to have occurred 13 to 17 years earlier for which he had not been convicted.
8. Extradition would also breach Article 8. Those factors amounted to an exceptional case in which the strong public interest in extradition was outweighed by the very serious risk of suicide, the hardship caused to Mr Hebda and his family, and the passage of time.

• High Court (Administrative Court): Appeal allowed. The order for extradition was quashed.
• District Court: District Judge Zani ordered extradition on 12 July 2023. The High Court found errors in the treatment of the expert evidence and in the assessment of the risk and available safeguards.