Grabowski v Regional Court In Wloclawek, Poland
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE IRWIN
Areas of Law
- Criminal Law and Procedure
- Human Rights Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
Marcin Aleksander Grabowski, a Polish national, appealed the decision ordering his extradition to Poland for multiple offences, including drunk driving and vehicle theft. The court assessed whether the offences met the dual criminality requirement and whether the extradition was a breach of his rights under Article 8 of the European Convention on Human Rights. The court quashed the decision for the 'drink driving' offence of 30 August 2008 but upheld the extradition for the other four offences.
Judgment
Mr Justice Irwin :
This is the appeal of Marcin Aleksander Grabowski against the decision of District Judge Purdy in the Westminster Magistrates’ Court on 14 August 2014. The matter proceeded by way of an uncontested extradition hearing and the Appellant’s extradition to Poland was ordered. No transcript of judgment was before me. The Court was informed that the Appellant was legally represented before the Magistrates’ Court and that no evidence or argument was presented as to why he should not be extradited.
Background
The Appellant is 33 years old and is a Polish national.
It is alleged in the European Arrest Warrant that on 27 August 2008 the Appellant kicked the door of a florist’s shop in Lipno, Poland, smashing the glass and causing damage work PLN420 (then worth £100.44). It is next alleged that on 30 August 2008 in Lochocin, Lipno Commune, the Appellant “acting jointly and in concert with [two others] took for a short term use a car, make Audi 80 … by which he acted to the detriment of Rafal Sadowski”. The third charge is that on 30 August 2008 in Lochocin he “was driving a car, make Audi 80 … on the public road, while intoxicated about 0.65 per mille of alcohol level in the blood”. The fourth offence alleged is that on 31 August 2008 in Lochocin “he took for a short term use the car, make Audi 80 … then he abandoned the vehicle in a damaged condition in the place of Bialowiezyn, Lipno Commune by which he acted to the detriment of Rafal Sadowski”. The fifth, and last, offence is that on 31 August 2008, in Lochocin and Bialowiezyn “he was driving a car, make Audi 80 … on the public road, while intoxicated about 1,7 per mille of alcohol level in the blood”.
Poland has been designated as a category 1 territory for the purposes of the Extradition Act 2003 [“ the 2003 Act ”] and the proceedings against the Appellant are regulated by that Act.
On 18 August 2009, the District Court in Lipno ordered the Appellant’s pre-trial arrest. By then he was in England. On 9 June 2009, the Appellant pleaded guilty before the Huddersfield Magistrates to an offence of driving a motor vehicle with excess alcohol on 9 November 2008 and to further offences of driving without a driving licence and using a vehicle whilst uninsured. He was disqualified from driving for 22 months and fined.
The European Arrest Warrant was issued on 6 March 2014. On 4 June 2014 the Polish authorities notified the National Crime Agency [“NCA”] that the Appellant was wante