R Ragan v Circuit Court in Lublin, Poland
| Jurisdiction | England & Wales |
| Judge | MR JUSTICE MITTING |
| Judgment Date | 09 December 2011 |
| Neutral Citation | [2011] EWHC 3628 (Admin) |
| Court | Queen's Bench Division (Administrative Court) |
| Docket Number | CO/10464/2011 |
| Date | 09 December 2011 |
[2011] EWHC 3628 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2A 2LL
Mr Justice Mitting
CO/10464/2011
Miss R Hill appeared on behalf of the Claimant
Miss K Tyler appeared on behalf of the Defendant
This is an appeal against the decision of Deputy Senior District Judge Wickham to order the extradition of the appellant to Poland to complete a sentence of three years and three months' imprisonment imposed in aggregate for multiple offences between 11 August 2001 and 4 November 2002. The sentence was imposed on 29 April 2008 by the District Court of Radzyan, Podlaski "covering singular sentences" imposed by the same district court on 16 June 2003, 15 September 2003 and 3 April 2004. The offences were a robbery committed on 4 November 2002, an offence of drink driving, a threat to kill a police officer and insulting a police officer committed on 11 August 2001, a further offence of drink driving on 7 October 2001 and finally the theft of a passport in May 2002 and its misuse at a border crossing on 25 September 2002.
The conviction European arrest warrant was issued on 29 July 2008 and certified by the Serious Organised Crime Agency on 18 July 2011. The defendant was arrested on 2 August 2011 and has been in custody since. The district judge was satisfied that all offences were extradition offences and that extradition would not be incompatible with the appellant's Article 3 and Article 8 rights.
The single ground of appeal now advanced is that the district judge was wrong to conclude that the offence of insulting a police officer was an extradition offence. It could only have been an extradition offence if it qualified under Section 65 (3) of the Extradition Act 2003 on the principle of dual criminality. That is a proposition which the requesting state must establish to the criminal standard.
The only offence which might be comparable to that identified in the warrant is an offence under Section 5 of the Public Order Act 1986. That offence requires...
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District Court in Legnica (Poland) v Ciureja
...the avoidance of doubt I discharge the 1/4/14 assaulting police officer offence on S.10/65 dual criminality grounds following the decision in Ragan (supra). The Judicial Authority may seek leave to appeal my decision (per S.28) which must be done within 7 days and in proper form. Request di......
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Michal Cukierski v District Court in Kielce (Poland)
...that is not an offence in the United Kingdom and relies upon the decision of Mitting J in Ragan v Circuit Court, Lublin, Poland [2011] EWHC 3628 (Admin). 7 Mr Joyes, for the respondent, accepts that the District Judge was wrong to conclude there was one episode of conduct contained with th......