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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Hein v The Regional Court In Opole, Poland [2015] EWHC 2855 (Admin) (09 October 2015) URL: https://www.bailii.org/ew/cases/EWHC/Admin/2015/2855.html Cite as: [2015] EWHC 2855 (Admin) |
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QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
In the matter of an appeal under s.26 of the Extradition Act 2003
Strand, London, WC2A 2LL |
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B e f o r e :
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PIOTR ![]() |
Appellant/ Requested Person |
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- and - |
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THE REGIONAL COURT IN OPOLE, POLAND |
Respondent/ Requesting JA |
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Benjamin Seifert (instructed by Extradition Unit CPS) for the Respondent
Hearing date: 10 September 2015
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Crown Copyright ©
Mr Justice Supperstone :
Ground 1: passage of time (section 14 of the 2003 Act)
"A person's extradition to a category 1 territory is barred by reason of the passage of time if (and only if) it appears that it would be unjust or oppressive to extradite him by reason of the passage of time since he is alleged to have
(a) committed the extradition offence (where is accused of its commission), or
(b) become unlawfully at large (where he is alleged to have been convicted of it)."
"Owing to the fact that the Defendant was aware of the prosecution, the lack of information about the change of address may be deemed to be an attempt to evade the prosecution and the charges."
Ground 2: Article 8 ECHR and s.21A of the 2003 Act