Mr Z was sought by Poland to be prosecuted for offences of money laundering and trading in substandard fuel, allegedly committed in 2003.
District Judge Clarke ordered his discharge , finding that that extradition would be a disproportionate interference with Mr Z’s rights under Article 8 of the European Convention on Human Rights. In addition to the aged nature of the offences, and that he had turned his life around, the impact on Mr Z’s two children was particularly relevant. His daughter suffered from mental health difficulties, and expert evidence showed that she would likely worsen if Mr Z were extradited. The Judge concluded that extradition was disproportionate in the circumstances.
Mr G’s extradition was ordered in 2022, and he appealed against that decision. Fordham J’s Order dismissing the appeal in May 2024, which stated it took effect that day, was circulated to advocates, but not their respective instructing solicitors. The sealed order was only circulated in September. Counsel for the Judicial Authority did not pass on the Order to the CPS, and removal was not arranged by the NCA.
District Judge Clarke found that the failure to pass on the Order, together with an assumption that the Administrative Court Office would separately inform the CPS, was compounded by the failure by the CPS to take any positive steps after the appeal. She concluded there was no reasonable cause for the delay in Mr G’s removal and discharged him.
Jonathan was instructed by Rosie Worster of Commons Legal for Mr Z. He was instructed by Elena Jacobs of Coomber Rich Solicitors for Mr G.
