QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
B e f o r e :
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LUCAS MARCIN GUMIENICZECK | Applicant | |
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POLISH JUDICIAL AUTHORITY | Respondent |
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MR S. GLEDHILL (instructed by CPS) appeared on behalf of the Respondent.
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Crown Copyright ©
MRS JUSTICE FARBEY:
"It is just about arguable that, as the applicant is not a fugitive in relation to this EAW, and that as it is an accusation warrant relating to an offence over 11 years ago, …it would be unjust to extradite him. I find it very difficult to see how this could arguably be oppressive, but I shall not prevent the two parts being run here."
"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)".
It was not in dispute that "unjust" in s.14 refers to the risk of prejudice to the accused in the conduct of the trial. "Oppressive" refers to hardship resulting from changes in the requested person's circumstances: see Kakis at 782H.