Compelling Article 8 family rights prevent extradition to Poland: 23 September 2022

The Judge (DJ Branston) refused extradition to enforce a total prison sentence of 4 years (following blackmail and burglary offences) as being incompatible with Article 8 ECHR family life in a compelling case.

The family included a transgender teenager who had self-harmed and attempted suicide during the extradition case. 

The Court accepted expert evidence from Dr Sharon Pettle (Consultant Clinical Psychologist & Systemic Psychotherapist) who had carefully assessed the family and the consequences of extradition.  This included liaison with CAMHS who had already been in some contact with the teenager.  The Judge found that both children (aged 8 and 15) were vulnerable to “long-term psychological issues” if extradition went ahead.

The evidence from the family members “vividly described the emotional impact” of the extradition proceedings: they were also dealing with the recent diagnosis of terminal cancer of the maternal grandmother. Mr B’s adult son was also assessed, whom he had fought to care for through the Polish courts on discovering that his ex-wife was abusing substances.

The Judge agreed Mr B was “at the practical, financial and emotional heart of his blended family … his removal would have a profound and potentially very damaging impact”.

Mr B had fled Poland, but the Judge took delay into account in refusing extradition.  There was a “disappointing lack of information” about the delay of over 11 years between issue and certification of the European Arrest Warrant.  A statement on behalf of the National Crime Agency failed to assist the court about events before August 2021 “due to the UK’s departure from the EU and the deletion of any SIRENE case” (the EU information sharing system).  “Nothing appeared to have happened from the side of the judicial authority” during that 11 years, despite Mr B having contact with Family Courts in Poland in the interim. 

The Judge handed down decision to refuse extradition on 23 September 2022.  The CPS have not lodged any application to appeal the decision so it is now final. 

Mary Westcott was instructed by Harry Grayson of Shaw Graham Kersh Solicitors.