Jonathan Swain successfully argues for the discharge of a client from an Arrest Warrant from Poland under the post-Brexit Trade and Cooperation Agreement

02 July 2021

The warrant sought the extradition of a Polish national who has lived in the UK since 2005 to be prosecuted for offences from 2003-4.

Mr Swain argued that the warrant did not allege conduct which would be criminal in this jurisdiction, that extradition would be oppressive and unjust, and that it would result in a disproportionate interference with the client’s private and family life.

The District Judge found the changes in the client’s life since the allegation were “significant”, and there had been a “weak explanation” provided by the Polish authorities for the “culpable” delay of many years. He also concluded that the conduct alleged in the warrant could not be demonstrated to be criminal. There was no appeal against the decision.

Jonathan Swain was instructed by Gitana Megvine of Taylor Rose MW.