Ostroleka Regional Court, Poland v Thomasz Rzewnicki
| Jurisdiction | Northern Ireland |
| Judge | Morgan LCJ,Higgings LJ,O'Hara J |
| Judgment Date | 10 April 2013 |
| Neutral Citation | [2013] NIQB 42 |
| Docket Number | MOR8831 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 10 April 2013 |
Neutral Citation: [2013] NIQB 42 (Admin)
Court and Reference: High Court (Northern Ireland)
Judges: Morgan LCJ, Higgings LJ, O'Hara J
MOR8831
Issue: Whether the Court should exercise its discretion to agree to a request for a later date for the required period of removal of a person after the expiry of the required period.
Facts: R was arrested on 2 November 2012 by virtue of a European Arrest Warrant issued by a Polish judicial authority alleging the commission of drugs offences. R's extradition was ordered by a District Judge on 25 January 2013. R's appeal to the High Court was dismissed on 8 March 2013. Pursuant to s36 of the Extradition Act 2003, R had to be extradited within the required period, which ended on 31 March 2013. However, due to an oversight in the Crown Solicitors Office, the PSNI Extradition Unit was not informed of the hearing date or the outcome and as a result R was not removed within the required period. The Crown Solicitors Office requested the agreement of a later date for the required period pursuant to s36(3)(b) of the 2003 Act.
Morgan LCJ:
1 The requested person was arrested on 2 November 2012 by virtue of a European Arrest Warrant issued by a court in Poland alleging the commission of drugs offences between 2003 and 2006. The initial hearing was held on 3 November 2012 and on 25 January 2013 the appropriate judge, His Honour Judge Grant, Recorder of Londonderry, ordered his extradition. The requested person appealed to the High Court and his appeal was dismissed by a Divisional Court on 8 March 2013.
2 Section 36 of the Extradition Act 2003 (‘the 2003 Act’) governs the time for extradition after an appeal.
‘(1) This section applies if—
(a) there is an appeal to the High Court under section 26 against an order for a person's extradition to a category 1 territory, and
(b) the effect of the decision of the relevant court on the appeal is that the person is to be extradited there.
(2) The person must be extradited to the category 1 territory before the end of the required period.
(3) The required period is—
(a) 10 days starting with the day on which the decision of the relevant court on the appeal becomes final or proceedings on the appeal are discontinued, or
(b) if the relevant court and the authority which issued the Part 1 warrant agree a later date, 10 days starting with the later date.
(4) The relevant court is—
(a)...
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