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KONRAD PILECKI v POLAND

In a conviction case to which the Extradition Act 2003 s 65(3) applied, s 10(2), as modified for multiple offences, did not require the judge to ask whether the sentence that was passed for each offence in the warrant satisfied the test in s 65(3)(c). If the other requirements of s 65(3) were satisfied, all he needed to do was determine whether the sentence for the conduct taken as a whole met the requirement that it was for a term of at least four months. If it did, he must answer the question in s 10(2) in the affirmative.

12 February 2008

The appellant (P) appealed against a decision ((2007) EWHC 2080 (Admin)) upholding an order for his extradition to Poland. Two European arrest warrants had been issued by the Polish court to secure P’s arrest for the purpose of serving custodial sentences which had been imposed following his conviction for various offences. On the face of the warrants, the requirement in the Extradition Act 2003 s 2(6)(e) was satisfied because the length of the sentence was said to be more than four months, as required by s 65(3) of the Act. However, further information came to light which showed that several of the offences had been dealt with by way of penalties that failed to meet the four-month threshold. The court had aggregated those sentences for the purposes of its final judgment, and in each case the aggregated sentence was more than four months. The High Court held that the requirements of the 2003 Act had been satisfied and dismissed P's appeal, but certified a question on the interpret...

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