Poland v DZ – extradition “unjust, oppressive”, and “disproportionate”

24.11.14 | |

On 21 November 2014, DJ Blake ordered DZ’s discharge from liability to be extradited to face two sentences in Poland, the first for a commercial burglary dating from 2003, and the second for criminal damage dating from 2005. DZ received sentences of 1 year for the commercial burglary (imposed in September 2006), and 1 year 6 months for the criminal damage (in July 2006).

 

In ordering DZ’s discharge, the judge found that extradition would be disproportionate under Article 8 ECHR, as well as “unjust or oppressive” contrary to section 14 of the Extradition Act 2003, due to (i) the age of the offences, (ii) the relatively low value of the offences, (iii) there being no indication as to why the sentences had been activated, (iv) the delay between the offence in 2003 and the passing of sentence some 3 ½ years later, (v) further delay in issuing an EAW and sending the request to the NCA, (vi) the fact that DZ had returned to Poland on a number of occasions since the offences, (vii) the fact that DZ had led a law-abiding life in the UK, and (viii) that DZ had served the equivalent of a six month sentence on remand in the UK.

 

DZ was represented by Graeme L. Hall who was instructed by Lansbury Worthington Solicitors

 

« Back to listing

About cookies on our website

Following a revised EU directive on website cookies, each company based, or doing business, in the EU is required to notify users about the cookies used on their website.

Our site uses cookies to improve your experience of certain areas of the site and to allow the use of specific functionality like social media page sharing. You may delete and block all cookies from this site, but as a result parts of the site may not work as intended.

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)