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


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