High Court rules on extradition of Polish national

Introduction

The High Court of Justice, King's Bench Division, Administrative Court, delivered a judgment on the extradition case of Piotr Bocianski, a Polish national, to Poland. The case was presided over by Fordham J, who examined whether Bocianski was 'convicted in his presence' under the Extradition Act 2003. This determination formed the first stage of a three-part test designed to uphold fair trial values under Article 6 of the European Convention on Human Rights (ECHR).

Background

The extradition request was based on a conviction Extradition Arrest Warrant (ExAW) issued by Poland, following Bocianski's involvement in ten non-domestic burglaries. The ExAW recorded a custodial sentence of two years and six months, with one year and nine months remaining. Bocianski contested his extradition, arguing that he was not present during the trial that led to his conviction.

Legal Arguments

Natasha Draycott, representing Bocianski, argued that the ExAW's assertion of his presence at the trial was incorrect. She contended that Bocianski had left Poland in early 2015, well before the December 2017 trial. The appellant's case was supported by fresh evidence from his advocate in Poland, Malgorzata Banach, who declared that Bocianski was not present at the 2017 hearing.

Court's Analysis

Fordham J examined the ExAW, which stated that Bocianski appeared in person at the hearing resulting in the decision. The judge applied the principle from Cretu v Romania, which allows the ExAW to be taken at face value unless contradicted by compelling evidence. Despite Bocianski's claims and the fresh evidence, the judge found no sufficient basis to challenge the ExAW's assertion of presence.

District Court Proceedings

The court also considered the subsequent appeal in the District Court in May 2018, where the sentence was reduced. The judge noted that Bocianski's lawyer, Advocate Banach, represented him at this appeal. The presence of an instructed lawyer at the appeal was deemed sufficient to satisfy the requirement of presence under the Extradition Act.

Conclusion

Fordham J concluded that the appeal was not reasonably arguable and refused permission to appeal. The judge found that the presence of Bocianski's lawyer at the District Court appeal satisfied the legal requirements, and thus, the extradition to Poland was upheld.

Implications

This case highlights the complexities involved in extradition proceedings, particularly concerning the interpretation of presence at trial. The judgment reinforces the principle that the presence of legal representation can fulfil the requirement of presence, provided the representation is instructed by the appellant.

Learn More

For more information on extradition law, see BeCivil's guide to UK Extradition Law.

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