QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|ANDRZEJ GRZEGORZ JANKOWSKI||Appellant|
|REGIONAL COURT IN BIALYSTOK, POLAND||Respondent|
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Miss Kathryn Howarth (instructed by the Crown Prosecution Service) appeared on behalf of the Respondent
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"On 26 October 2005 the police were able to establish that the convict had left Poland and was hiding in Great Britain."
The Polish court thereupon transferred this information to the prosecutor's office. On 4 January 2006 the prosecutor's office filed the request with the Polish court to issue the European Arrest Warrant. That European Arrest Warrant, although issued in 2006, was not certified in this country by the NCA until 1 May 2013. No explanation is before this court or indeed the court below to explain that long delay of some 7 years.
"... the sole cause of the delay has been the conduct of the appellant in both hiding from the authorities in Poland and then leaving the country, forcing the Polish and then the British authorities to track him down. It would be unjust for the appellant to benefit from delays that he has caused."
"Delay in the commencement or conduct of extradition proceedings which is brought about by the accused himself by 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."
"No account is to be taken of time that has passed by reason of action taken by the fugitive himself, with a view either to concealing the commission of the offence alleged against him or his involvement in it, or to hindering the criminal authorities in bringing him to trial."
"Factors in favour of extradition are:
1. The weighty and continuing public interest in extradition.
2. The nature of the original offences. Both were serious but one was particularly serious and is likely to have been charged as attempted murder in this country.
3. The requested person has tried from the very outset of the proceedings in Poland to avoid serving his sentence and has hidden from the authorities throughout.
4. The requested person with the help of his wife has successfully avoided detection in this country for many years.
Factors which may militate against extradition are:
1. The requested persons' right to enjoy his family with his wife, step-daughter and grandson.
2. His wife's poor mental health.
3. His own poor health.
4. The requested person has no convictions in the UK."
"My finding is that the health of the requested person and his wife is not such as to carry significant weight in the balancing exercise. The requested person's wife has her daughter living nearby to give support and there is no evidence before me that she is totally dependent on others to do for her. The requested person's health can be managed by the Polish authorities. I cannot say that this is one of those rare cases where the effect of extradition on the requested person or his family would be so severe as to outweigh the public interest in extradition."
"... a person can only become unlawfully at large if he knows that he is required to serve a sentence of imprisonment. It is not enough that he might be eligible to be called upon to serve that sentence of imprisonment. In a case such as this where the sentence is suspended, at the minimum he must know that the sentence has been activated."