Extradition of Ukrainian man to Hungary refused in false identity case: likely penalty below time spent on remand

Mr Justice Dove has allowed the appeal against extradition of a Ukrainian man, wanted to stand trial in Hungary for an offence of bribing a passport official to obtain a false Hungarian passport in 2015.

Represented by Malcolm Hawkes, the Appellant challenged the request on the grounds of proportionality and the likely sentence he would receive, if convicted in Hungary. Having spent over 2 years on remand while fighting extradition proceedings in the UK, it was submitted that this was far in excess of the likely penalty he would receive in Hungary; the Hungarian authorities did not challenge expert evidence adduced on appeal that he would receive no more than a suspended sentence.

The court also accepted that, had the offence been committed in the UK, the Appellant would likely have been prosecuted for an offence contrary to s. 36 of the Criminal Justice Act 1925 which carries a maximum penalty of 2 years imprisonment.

On any view, since the time spent on remand must be deducted from any sentence imposed, the Appellant had served more than enough time in prison for the alleged conduct.

The case was complicated on account of Russia’s invasion of Ukraine. The Appellant feared that, if extradited to Hungary, he would be deported from there to Ukraine and compelled to participate in the armed conflict; or if not, he would be stranded in Hungary, far from his family and friends with no easy route back to the UK.

In Kozak v Hungary, Malcolm was instructed by Gitana Megvine of Taylor Rose MW Solicitors.