Ben Joyes successfully resists extradition request on behalf of Polish national

In a recent judgment, District Judge Snow (DJ), sitting at Westminster Magistrates’ Court, refused to order the extradition of Mr J, a Polish national.

Referring to events in 2009, the Polish authorities alleged that Mr J intentionally fractured a police officer’s hand, carried out acts of criminal damage, and used abusive language against the police in public. In 2014, the Regional Court in Bydgoszcz sentenced Mr J to 10 months’ imprisonment.

In the judgment, the DJ found that Mr J “left Poland as a fugitive from justice” and was responsible for the delay in the case. However, the DJ agreed that Mr J had “turned his life around” and attributed significant weight to Mr J’s positive conduct since his arrival in the UK in 2012. Also, the DJ gave “substantial weight” to the fact that Mr J’s young daughter “was born after the RP’s offending and relies on her father for significant practical support”.

Accordingly, notwithstanding this was not a ‘sole carer case’, the DJ discharged Mr J on the basis that his extradition would represent a disproportionate interference with his and daughter’s rights under Article 8 ECHR.

Mr J was represented by Ben Joyes of Chambers’ extradition team. Ben was instructed by Will Bergstrom and Viviane Bablin of Taylor Rose MW.