Extradition appeal allowed - exceptional impact on mentally unwell adult daughter despite serious allegations

An Article 8 ECHR appeal against extradition was allowed by Thornton J on 31 October 2024, notwithstanding serious allegations in Poland of assisting unlawful immigration.

The appeal succeeded based on expert psychiatric evidence that the District Judge had accepted, but then downplayed in his conclusions.  Extradition would have an exceptionally severe impact on the Appellant’s daughter who suffered from a personality disorder.  Although an adult, the Appellant’s daughter was highly dependent on her mother and was on the edge of being able to cope during the many months the Appellant was detained due to the extradition case.  

The possibility of weekly telephone calls from a Polish prison to maintain contact between mother and daughter would not mitigate the damaging consequences of extradition.  The support of wider family members and the NHS would not be enough for the Appellant’s daughter.  

The charges to be tried were ‘undoubtedly serious’ and if proved, there would be ‘a substantial custodial sentence’.  The District Judge was wrong however, to describe the allegations of assisting unlawful immigration of just over 200 people as ‘human trafficking’, which required the extra feature of exploitation. 

The Court also agreed that the Appellant’s willingness to cooperate with the Polish investigation reduced the public interest in favour of extradition.  The Appellant had no previous convictions and no knowledge of the Polish allegations before her arrest.  She had offered to be interrogated either in England or Poland in order to show there had been ‘an awful mix up’ and try to resolve the ‘Kafkaesque’ reason for her detention.  It was significant that Poland had not provided any reasons for the refusal of these reasonable alternatives to extradition.  

The judgment is available here.

Mary Westcott represented the Appellant, instructed by Zachary Whyte and Ruby Breward of Sperrin Law.