DELAY

A Polish national’s extradition to serve a suspended one-year sentence for an offence of attempted theft of a car radio committed in 2010 would not amount to a disproportionate interference with his rights under ECHR art.8. Any hardship suffered by his partner would not be severe, and although the original offence was not very serious and had taken place many years ago, the Polish authorities had taken it seriously enough to impose a serious criminal sentence and request his return to serve it.

Although the UK was not a safe haven for criminals, it was disproportionate to extradite a requested person pursuant to a conviction European arrest warrant where he had changed his behaviour and where there was a relatively short time remaining on his sentence for drug related offences.

Extradition was a proportionate interference with the private life of an individual convicted of serious offences of domestic violence despite an unexplained delay of more than eight years in reissuing a European arrest warrant. A district judge had been wrong to discharge him.

[2017] EWCA Civ 1992 [2017] EWCA Civ 1992

It had been open to a judge to conclude that he should exercise his discretion under the Limitation Act 1980 s.33 to allow a former police officer to pursue a late claim in negligence against the police in relation to his heroin addiction and consequent psychiatric illness which he claimed had arisen from his undercover work posing as a drug user.

A district judge had not erred in the weight he had attributed to the delays experienced in a Polish individual’s extradition proceedings. Although he had developed a private life in the UK in excess of ten years, the judge had not been wrong to order his extradition; private life attracted less weight than family life under the ECHR art.8.