Stachowski v Circuit Court in Poznan Poland
| Jurisdiction | England & Wales |
| Judge | Mr Justice Collins |
| Judgment Date | 29 November 2013 |
| Neutral Citation | [2013] EWHC 4179 (Admin) |
| Court | Queen's Bench Division (Administrative Court) |
| Docket Number | CO/11166/2013 |
| Date | 29 November 2013 |
[2013] EWHC 4179 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2A 2LL
Mr Justice Collins
CO/11166/2013
Mr J Atlee (instructed by {"Claimant Solicitor}) appeared on behalf of the Claimant
Mr R Evans (instructed by CPS) appeared on behalf of the Defendant
This is an appeal against an extradition order made by District Judge Snow on 9 August 2013. The European Arrest Warrant in question was a conviction warrant relating to three offences, one of burglary — albeit I do not think it is burglary as we understand it, nonetheless it is clearly a dishonest offence — and two of assault, serious assaults, causing certainly in one case, fractures to burns in the face and, in the other, there was an attack on the bus driver. The total sentences imposed amounted to 3 1/2 years' but, as one knows, the Polish system is such that if an application is made normally outstanding sentences which on their face run consecutively can be and will be aggregated. Nonetheless, as I say, these are serious matters and the amount outstanding is substantial.
There was a concern raised that he was not granted legal aid but, as the District Judge made clear, he failed to produce what documentation was required of him and he failed in the District Judge's view to pursue the matter with proper regard to what was required of him. That point, although mentioned in the notice of appeal which was filed in person, is not one which Mr Atlee has felt able to pursue. He was, in my judgment, entirely correct.
The other basis relied on is Article 8. The facts found, indeed I do not think there was really any issue as to them, were that he came here in August 2007 in order to avoid serving the sentences. He lives with his partner and so has two what otherwise would be regarded as step children, aged 9 and 5, who he treats as his own and he has one natural child, now aged some 2 years. Sadly, one of the stepdaughters, if I may call them such, has a serious skin condition which is very rare and which needs very...
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