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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Janczara v District Court In Tarnobrzeg, Poland [2012] EWHC 2810 (Admin) (26 September 2012)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2012/2810.html
Cite as: [2012] EWHC 2810 (Admin)
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL |
||
B e f o r e :
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| JANCZARA | Appellant | |
| v | ||
| DISTRICT COURT IN TARNOBRZEG, POLAND | Respondent |
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Ms C Bramwell (instructed by Crown Prosecution Service) appeared on behalf of the Respondent
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- MR JUSTICE BEAN: This is an appeal by Mr Janczara against a decision of District Judge Coleman, sitting at the Westminster Magistrates' Court on 23 April, ordering his extradition to Poland on an accusation warrant, citing one offence of robbery and one offence of an assault, causing actual bodily harm to a police officer.
- It appears that Mr Janczara was represented in the Magistrates' Court, but no substantive grounds were raised as a bar to extradition. Nevertheless, notice of appeal was given by a firm of solicitors in Mr Janczara's name, arguing that his discharge should have been ordered, in that extradition would contravene the Human Rights Convention because of his private and family life. Mr Janczara has not pursued this before me today, and understandably not.
- He has, sensibly, encouraged his partner to return to Poland and he tells me that his father has helped her with accommodation. Even if that were not so and his partner were still in the UK, it would take a truly exceptional case to block extradition on the grounds of Article 8 of the Strasbourg Convention.
- Since the decision of the Magistrates' Court, Mr Janczara has run out of money and in effect handed himself in to the police, saying that he could no longer comply with the residence condition of his bail. In my view, the sooner he is extradited to Poland the better for everyone, including him and including his family, who will then be able to visit him. There are no legal grounds for overturning the District Judge's decision and I therefore dismiss the appeal.