Pink v Regional Court in Elbag
2014
ADMINISTRATIVE COURT
UK
CORAM
- SIR STEPHEN SILBER
Areas of Law
- Criminal Law and Procedure
- Human Rights Law
- International Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
Piotr Pink was ordered to be extradited to Poland to serve an 11-month and 28-day sentence for burglary after he appealed the decision based on delays and family life interference. The court found no exceptional delay and ruled that extradition did not disproportionately interfere with his Article 8 rights or outweigh public interest.
J U D G M E N T
SIR STEPHEN SILBER: Piotr Pink appeals against a decision of Senior District Judge Riddle made at the Westminster Magistrates' Court on 10 October 2014 ordering his extradition to Poland pursuant to a conviction European Arrest Warrant ("EAW") issued by the Regional Court in Elbag, in order to enforce 11 months and 28 days remaining from a one year sentence imposed on him for an offence of attempted domestic burglary of commercial premises. At that hearing an earlier European Arrest Warrant was before the district judge but it was discharged. The proceedings against the appellant are regulated by the Extradition Act 2003 because Poland has been a designated category 1 territory for the purpose of the Extradition Act.
The particulars of the offence with which we are concerned with, which is a second European Arrest Warrant, is that between the 9 to 17 June 2005 the appellant and another broke into a shop at night intending to steal, but they were arrested before they could take anything. On 23 July 2014 the appellant was arrested pursuant to both certified European Arrest Warrants. His hearing took place on 10 October 2014. He gave evidence and a witness statement from his partner was read and as I explained the first European Arrest Warrant was discharged for want of compliance but extradition was ordered in respect of the second one.
The district judge in his reasons explained that when this offence was committed, the appellant was not long out of prison and that he had numerous previous convictions. He appealed and it was unsuccessful. He was required to attend prison but did not do so because by the time the process was completed in Poland the appellant had come to England arriving in July 2006. At that time his son Kacper would have been about 9 months old. For about 3 years the family did not live together before the appellant's wife joined in December 2009. The district judge noted the appellant has worked hard and had supported his partner and his son who is now 9 years of age. The district judge explained that the appellant was very aware of the outstanding sentence and the expectation he would have to serve it when he came to this country.
The district judge took the view there had not been unreasonable delays or that the appellant had developed a false sense of security on account of the delay because it is not normal for a European Arrest Warrant to be issued or served unless there is good reason to believe the appellant was