Jonathan Swain, part of 9BR Chambers’ extradition team, was successful in an appeal against an order for extradition to Poland. The requested person’s extradition was sought for fraud offences allegedly committed between 2007 and 2011 totalling approximately £2.17 million. On 15 March 2025, Sheldon J allowed the appeal.
The case centred on the mental health of the requested person, who had a history of suicide attempts. During the course of these proceedings, the requested person made two further attempts on his life.
Eight reports were prepared by three separate experts over the duration of the case on the client’s mental health. Sheldon J agreed with Jonathan's submissions that the Court must assess whether the person’s depressive condition removed their capacity for rational decision-making at the moment of a suicide attempt, rather than whether they were capable of rationality more generally.
There was a further expert report on the provision of healthcare in Poland. Jonathan took the Court through this evidence, submitting that there was a long-standing and systemic problem with mental health care and the suicide prevention regime in Polish prisons. The Court found that this was “one of those rare cases” where the presumption of adequate health care had been rebutted.
Sheldon J held that extradition would be oppressive under Section 25 of the Extradition Act 2003 and a disproportionate interference with the requested person’s Article 8 ECHR rights. He recognised the requested person’s reliance on his UK-based family for support, and the significant time that had elapsed since the alleged offences. The Court concluded that extradition would result in “very real hardship” to the requested person, and have considerable impact on his family.
Jonathan was instructed by Katy Smart and Ahlam Ohmar at Sonn Macmillan Walker.
Click here for the full judgment.
