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High Court overturns extradition order on proportionality grounds – Ben Joyes acts for the Appellant in Kozar v Czech Republic [2024] EWHC 2226 (Admin)


On 28 August 2024, Mr Justice Julian Knowles allowed the appeal on the basis that the first instance tribunal had been wrong to label the offending as “not trivial” because “no-one could reasonably dispute that the shoplifting of two bottles of wine and the attempted and unsuccessful use of a credit card are not serious”.

Further, considering the unsophisticated nature of the conduct, the domestic sentencing guideline for theft did not contemplate a prison sentence for thefts of low value goods. Given the absence of clear evidence on Czech sentencing practice, the Court placed significant weight on the fact that the Appellant had already served time on remand in excess of any sentence which might be imposed in England.

The Court the allowed the appeal under section 21A(4)(b) of the Extradition Act 2003 and quashed the order for extradition.

Ben Joyes appeared for the Appellant. Ben was instructed by Harry Grayson of Birds Solicitors.

View the full judgment here