QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE GIBBS
|DISTRICT COURT LEGNICA|
|(Polish Judicial Authority)||Defendant|
WordWave International Limited
A Merrill Communications Company
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
Mr Mark Weekes (instructed by Crown Prosecution Service) appeared on behalf of the Defendant
Crown Copyright ©
"A person's extradition to a category 1 territory is barred by reason of the passage of time if (and only if) it appears that it would be unjust or oppressive to extradite him by reason of the passage of time since he is alleged to have -
(a) committed the extradition offence (where he is accused of its commission), or
(b) become unlawfully at large (where he is alleged to have been convicted of it)."
"Delay in the commencement or conduct of extradition proceedings which is brought about by the accused himself fleeing the country, concealing his whereabouts or evading arrest cannot, in my view, be relied upon as a ground for holding it to be either unjust or oppressive to return him. Any difficulties that he may encounter in the conduct of his defence in consequence of the delay due to such causes are of his own choice and making. Save in the most exceptional circumstances it would be neither unjust nor oppressive that he should be required to accept them."
Although the main thrust of that passage is towards the question whether it would be unjust to return the accused, it applies equally to the question whether it would be oppressive to return him. The appellant can properly be regarded here as at least primarily the author of the delay and of the relevant passage of time.