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England and Wales High Court (Administrative Court) Decisions
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Suchanek v District Court for Prague 8 Prague Czech Republic [2012] EWHC 2987 (Admin) (12 October 2012)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2012/2987.html
Cite as:
[2012] EWHC 2987 (Admin)
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Neutral Citation Number: [2012] EWHC 2987 (Admin) |
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Case No. CO/8126/2012 |
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
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Royal Courts of Justice Strand London WC2A 2LL |
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12 October 2012 |
B e f o r e :
MR JUSTICE WYN WILLIAMS
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Between:
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SUCHANEK |
Appellant |
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v |
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DISTRICT COURT FOR PRAGUE 8 PRAGUE CZECH REPUBLIC |
Respondent |
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Computer-Aided Transcript of the Stenograph Notes of
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Mr J Middleton (instructed by Duncan Lewis) appeared on behalf of the Appellant
Mr M Grandison (instructed by the Crown Prosecution Service) appeared on behalf of the Respondent
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HTML VERSION OF JUDGMENT
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Crown Copyright ©
- MR JUSTICE WYN WILLIAMS: This is a statutory appeal against a decision which had the effect of causing the appellant to be extradited to the Czech Republic. At the time the district judge made the decision in question, it seems to me that the decision was probably correct. However, by virtue of factors which I need not dwell upon, but primarily the fact that the appellant has now served in this country the equivalent of a sentence which it is proposed he should serve in Poland, it is accepted, if not formally conceded, on behalf of the Judicial Authority that it would not now be appropriate to do other than allow his appeal. If I need to identify a ground, I will say that it would be a disproportionate infringement of his Article 8 rights if the appeal were to be dismissed and extradition go forward, but given the stance adopted on behalf of the Judicial Authority I need not elaborate any further. Accordingly, the appeal is allowed, and I make an order for discharge.
- MR MIDDLETON: Could we have an assessment of our costs, please.
- MR JUSTICE WYN WILLIAMS: Yes.
- MR MIDDLETON: Thank you, my Lord.