British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Mila, R (on the application of) v District Court of Czestochowa Poland [2012] EWHC 377 (Admin) (08 February 2012)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2012/377.html
Cite as: [2012] EWHC 377 (Admin)
[New search] [Printable RTF version] [Help]
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL |
||
B e f o r e :
____________________
| THE QUEEN ON THE APPLICATION OF MILA | Claimant | |
| v | ||
| DISTRICT COURT OF CZESTOCHOWA POLAND | Defendant |
____________________
WordWave International Limited
A Merrill Communications Company
165 Fleet Street London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7404 1424
(Official Shorthand Writers to the Court)
Mr A Harbinson (instructed by the Crown Prosecution Service) appeared on behalf of the Defendant
____________________
Crown Copyright ©
- MR JUSTICE COLLINS: This is an appeal against the decision of District Judge Tubbs on 7 November 2011 ordering the appellant's extradition to Poland to serve the balance of a sentence imposed for an offence, obviously a serious offence, of robbery. The balance left is in the order of 8 months.
- The appellant committed a serious offence in this country of assault for which he received, he says, a sentence of 3 1/2 years' imprisonment. He was due for release from that sentence in May last year, but was detained in custody on the basis that he was to be deported as a result of the commission of that offence. It was not until 7 November, albeit the warrant was issued in August, that he was arrested for the purpose of extradition to Poland to serve the balance of his sentence.
- The hearing before the district judge was uncontested. He now seeks to raise an issue in his grounds of appeal that he did not breach the conditions under which the balance of the sentence was suspended. Suffice it to say that there is information from Poland which indicates that that is simply not true. But whether true or not, it is not a matter which can be gone into in this court and does not affect the propriety of his extradition. It is a matter that will have to be raised in Poland.
- He has put before me a medical ground, coupled with a claim that he says he has against the Prison Service because he was assaulted by a prison officer and he has injuries which need medical treatment. Effectively, he says that the treatment that would be available in Poland is insufficiently good, and perhaps is not so available when in prison. In addition, he wants to pursue the claim for damages.
- I am afraid that what I have seen of the medical situation is not at all serious enough to justify any basis for saying that extradition is not appropriate and any grounds that I can take into account, of which I suppose human rights would be the only one. So far as the possibility of pursuing a claim for damages is concerned, again that is not a basis for refusing to extradite. If he wants to pursue that claim he will have to do it from abroad.
- I am afraid that there is no basis for allowing this appeal and it is therefore dismissed.
- MR MILA: I have a question. What happened with my four month when I been in prison?
- MR JUSTICE COLLINS: That will --
- MR MILA: No, no, not this one, when I finish my sentence on 2011 May, yeah?
- MR JUSTICE COLLINS: That does not count, because it was for the purpose of deportation. The only time it could count is from 7 November last.
- MR MILA: Okay, that mean I have deportation as well, when I get extradition.
- MR JUSTICE COLLINS: As far as the deportation is concerned, obviously if you are extradited the deportation need not be pursued. But if you have a deportation order made against you, you may have difficulty getting back into the country. But that is not a matter that I can deal with.