QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE HICKINBOTTOM
|DISTRICT COURT TORUN POLAND||Respondent|
trading as DTI
8th Floor, 165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7404 1424
(Official Shorthand Writers to the Court)
Mr R Evans (instructed by the Crown Prosecution Service) appeared On behalf of the Respondent
Crown Copyright ©
"Passage of Time
A person's extradition to a category 1 territory is barred by reason of the passage of time if (and only if) it appears that it would be unjust or oppressive to extradite him by reason of the passage of time since he is alleged to have —
(a) committed the extradition offence (where he is accused of its commission), or
(b) become unlawfully at large (where he is alleged to have been convicted of it)."
"8(6) The delay since the crimes were committed may both diminish the weight to be attached to the public interest and increase the impact upon private and family life."
"[...] constant and weighty public interest in extradition: that people accused of crimes should be brought to trial; that people convicted of crimes should serve their sentences [...]"
Additionally, "the UK should honour its treaty obligations."
"As to delay, no explanation has been provided by either party regarding the need for 3 goes at the trial. Any explanation proffered by either party is speculation and I will ignore. What we do know is that the final judgment [is] given on 14 November 2012. It therefore follows that the EAW was issued a short time after and there is therefore no relevant delay for the purposes of looking at culpability. However, I accept that the age of both the offences and the requested person at the time is relevant to the Article 8 challenge."
"Merely because it is unexplained does not make delay culpable: where delay is not culpable it weighs only slightly in the requested person's favour in the proportionality assessment."
" There cannot sensibly be said to be any culpable delay on the part of the Issuing Judicial Authority, such delay as there is, is insufficient to weigh in his favour in any balancing act [...]"
"Directed to hardship to the accused resulting from changes in his circumstances that have occurred during the period to be taken into consideration."