Damien Boguszewski v Polish Judicial Authority
| Jurisdiction | England & Wales |
| Judge | Mr Justice Chamberlain |
| Judgment Date | 11 November 2021 |
| Neutral Citation | [2021] EWHC 3143 (Admin) |
| Docket Number | No. CO/3760/2021 |
| Court | Queen's Bench Division (Administrative Court) |
[2021] EWHC 3143 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
THE HONOURABLE Mr Justice Chamberlain
No. CO/3760/2021
Mr G. Hepburne Scott appeared on behalf of the Applicant.
Mr T. Tomcroft (instructed by the Crown Prosecution Service) appeared on behalf of the Respondent.
Damien Boguszewski is sought pursuant to an European Arrest Warrant issued by the Regional Court at Bialystok in Poland on 6 June 2019. The warrant seeks his surrender to serve two outstanding sentences, which became final on 23 May 2013 and 29 July 2014, in respect of convictions for possession and supply of cannabis and amphetamines. The sentences are five months and 27 days and one year, respectively.
The applicant came to the UK in April 2015 and says that he has been settled in this country for many years. He received a caution for shoplifting in 2016 and a conviction for driving without insurance in 2019, which resulted in a fine and the endorsement of his licence.
The applicant was arrested at Birmingham Airport, pursuant to the warrant, on 19 September 2019, on his way to Portugal. He had no return ticket. The applicant says that he has made two unsuccessful bail applications at Westminster Magistrates' Court. On 5 October 2021, he offered security of £1,000. Bail was refused by District Judge Godfrey, who noted that this was a conviction case in which the applicant had just shy of 18 months to serve. The judge said that it was not for him to go behind the extradition request relating to the seriousness of the offence. There was no presumption in favour of bail.
The applicant had been stopped while trying to leave the UK and was considering staying in Portugal. Although he had provided proof of his employment prior to departure, he was not currently working and had no community ties or family in the UK.
A second bail application was made on 25 October 2021....
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Damian Boguszewski v Poliwh Judicial Authority
...at suicide in mid-October 2021, an application to this Court for bail came before Chamberlain J on 11 November 2021. His judgment [2021] EWHC 3143 (Admin) sets out the background in some detail and explains why he refused bail on the grounds of the risk of failure to surrender. In the cour......