Extradition: High Court orders release on bail pending appeal outcome

Malcolm Hawkes has persuaded the High Court to admit a man to conditional bail, who is the subject of ongoing extradition proceedings brought by the Czech Republic. The decision overturned three previous refusals to release him by the Westminster magistrates court.

The man’s extradition is sought to serve a two-year sentence for an offence of fraud, allegedly committed four years ago. Despite finding he was not a fugitive, the court below refused repeated applications for his release on bail and ordered his extradition to Czechia. An appeal against that decision is pending.

The Applicant argued that, as he has now spent over half of his total sentence on remand in the UK in these extradition proceedings, at which point he may be released pursuant to Czech law, it was neither proportionate nor necessary to maintain his detention pending the outcome of his extradition appeal.

Following detailed submissions, including consideration of the pending Supreme Court judgment in Andrysiewicz v Circuit Court in Lodz, Poland on a similar point, Sweeting J agreed to order the man’s immediate release subject to agreed conditions of bail.

In Jeremjan v Czechia, Malcolm was instructed by Nora Talbi, Partner at EBR Attridge Solicitors.