QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE COLLINS
MR JUSTICE TREACY
|REGIONAL COURT OF PIOTRKOW TRYBUNALSKI POLAND||Defendant|
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MR J HARDY and MS A WILKES appeared on behalf of the Defendant
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LORD JUSTICE SULLIVAN:
"1) if the appropriate judge orders a person's extradition under this part, the person may appeal to the High Court against the order.
4) notice of an appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 7 days starting with the day on which the order is made."
"Dear sirs, Re: Poland v Stanislaw Szelagowski"
And there was then, added in manuscript, a Crown Office reference number, CO/4568/2010. The letter continued:
"Please find enclosed appeal bundle containing the following:
• Appellant's notice.
• Grounds of appeal.
•European Arrest Warrant and.
• Arrest statement.
Kindly acknowledge receipt by signing below,
Yours faithfully Lawrence and co."
It indicated that there were enclosures.
"I [blank] of CPS Special Crime Division acknowledge receipt of the appeal documents listed above. Signed [blank] date [blank]."
20. MR JUSTICE COLLINS: I agree that we have to decline jurisdiction. I merely add this, in my decision in Cane v Spain I did not intend to indicate, as the judgment of my Lord with which I entirely agree has made clear, that there could be compliance with the provisions of section 26(4) or section 28(4) by serving anything other than a document which, on its face, stated that it was a notice of appeal. Normally, that would be done by service of the required form N161 together with the statement that my Lord has indicated would be desirable to be served upon a person whose extradition is ordered by the magistrates' court, there should be service too of that form as an indication that that is the notice which he should fill in. It would apply to those represented as well as those not represented because it, in the experience of this court, quite often happens that appellants, or would be appellants, in this court, although they may have been represented at the magistrates' court, do not continue to be represented for the purpose of any appeal. A document which gave notification that an appeal was to be or had been lodged would not suffice.
21. MR JUSTICE TREACY: I agree we have no jurisdiction in this case.