High Court allows extradition appeal for driving whilst disqualified

The High Court today allowed the appeal of a 51 year old appellant who argued that extradition would breach his rights under Article 8 ECHR. The appellant’s extradition was sought in relation to a 12 month prison sentence for an offence of driving whilst disqualified, which was imposed in Poland in 2004. The appellant had not contested his extradition in Westminster Magistrates’ Court but sought to argue Article 8 on appeal. The appellant has no dependents in this country, but it was accepted by Foskett J that he had a settled life with his adult children in the UK. In allowing the appeal, Foskett J accepted that the four year delay in issuing the EAW, together with the three year delay in certifying it, was unexplained. Foskett J further held that because the appellant had spent 2.5 months on remand and 3 months subject to a curfew, extradition would violate Article 8 ECHR.

 

In Borkowski v Poland Kate O’Raghallaigh was instructed by Lansbury Worthington Solicitors.  

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