Extradition appeal dismissed in Grundza v District Court of Novy Jicin

The High Court has dismissed an appeal against an extradition order to the Czech Republic, finding that interference with the appellant's Article 8 rights would not be disproportionate despite his family circumstances in the United Kingdom.

Karel Grundza appealed against District Judge Minhas's decision of 29 January 2025 ordering his extradition for a conviction warrant relating to a rioting offence committed in February 2017. The offence involved an assault in a public house and criminal damage worth CZK 500. An outstanding sentence of 280 days' imprisonment remained to be served.

Article 8 grounds of appeal

The appellant advanced several grounds challenging the District Judge's Article 8 assessment. These included allegations that the judge made inconsistent findings regarding the seriousness of the offending, underplayed his responsibilities towards his three young children, failed to accord proper weight to immigration difficulties upon his return, and did not account for time spent on electronically monitored curfew.

The District Judge had found Grundza to be a fugitive who left the Czech Republic in October 2020 knowing he had an outstanding community sentence. She determined that he travelled to join his partner and children who had settled status in the UK, but deliberately failed to regularise his own immigration position to avoid detection by Czech authorities.

Assessment of children's welfare

Sir Peter Lane rejected the submission that the District Judge failed to make the children's welfare a primary consideration. The judgement noted that whilst Lady Hale in H(H) v Deputy Prosecutor of the Italian Republic emphasised the heightened importance of children's Article 8 rights, the District Judge had expressly identified the children as "a primary consideration" and conducted a detailed assessment of their position.

The court found that the District Judge properly considered various factors, including the mother's previous ability to care for the children alone, the absence of additional vulnerabilities, and available family support from the appellant's mother and siblings. The weight ascribed to these factors could not be characterised as wrong in the Love v Government of the United States of America sense.

Immigration and delay considerations

The appellant's submission regarding potential difficulties re-entering the UK under the Electronic Travel Authorisation Scheme was deemed speculative. Sir Peter Lane noted that Part 9 of the immigration rules requires all decisions to be ECHR-compatible, meaning any refusal would need to comply with the children's Article 8 rights.

On the issue of delay between the warrant's issuance in March 2022 and NCA certification in August 2024, the court distinguished Pabian v Circuit Court in Warszawa, finding the two-and-a-half-year delay significantly less substantial. Moreover, the appellant's use of aliases and false dates of birth, combined with his fugitive status, attenuated any weight that might otherwise attach to certification delay.

The court also held that the additional nine months of curfew restrictions since the District Judge's decision carried minimal weight, given the curfew operated from midnight to 5am—a period unlikely to affect someone caring for young children and without employment.

Extradition ordered

Finding no error in the District Judge's Article 8 balancing exercise, the High Court concluded that the public interest in honouring extradition arrangements and the not insignificant custodial sentence outweighed factors militating against extradition. The appeal was dismissed.

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