Four Polish Extradition Successes in One Week for George Hepburne Scott
Updated: 3 days ago
George Hepburne Scott secured three discharges and successfully resisted a prosecution challenge to bail in four Polish extradition cases between 28 October and 4 November 2024.
The results were achieved at Westminster Magistrates’ Court and the High Court. The discharge cases demonstrate the importance of examining delay and its consequences when assessing whether extradition would be proportionate under Article 8.
Poland v R.T: discharge in Polish extradition case following an Article 8 challenge
On 28 October 2024, District Judge Tempia discharged R.T. at Westminster Magistrates’ Court following a contested extradition hearing earlier that month.
Poland sought his extradition for drug supply offences dating from 2003. Although R.T. was found to be a fugitive and had no dependants in the UK, George successfully argued that extradition would be disproportionate under Article 8, relying on the delay.
Poland v P.W.: bail upheld in the High Court
Having secured bail for P.W. at Westminster Magistrates’ Court, George successfully resisted the Polish judicial authority’s appeal against that decision.
On 30 October 2024, the bail appeal came before Mrs Justice Cutts in the High Court. Despite the judicial authority’s opposition, P.W. retained his bail.
The extradition request concerned allegations that P.W. had headed a conspiracy to evade VAT in Poland in 2015, involving two tonnes of contraband tobacco.
L.T. v Poland: successful extradition appeal
On 31 October 2024, Sir Duncan Ouseley allowed L.T.’s extradition appeal in the High Court. L.T. was discharged and released from custody.
The request concerned the theft of a car in 2002 and six mobile phones in 2003. L.T. was aged 17 and 19 at the time of the respective offences and had a dependent 12-year-old son.
Despite a finding that L.T. was a fugitive, George successfully advanced an Article 8 challenge based on delay. His submissions also addressed the Polish early-release provisions under Article 77 of the Polish Penal Code.
Poland v D.S.: discharge following delay and personal transformation
On 4 November 2024, District Judge Turnock discharged D.S. at Westminster Magistrates’ Court following a contested hearing in October.
D.S. faced extradition under a conviction warrant concerning robbery with violence, criminal damage and attempted theft. Of a two-year prison sentence, 10 months and 13 days remained outstanding.
George successfully relied on Article 8, with particular emphasis on delay and D.S.’s personal transformation.
Advice on extradition to Poland
Each extradition case requires close consideration of its facts, procedural history and available challenges. These results illustrate the significance of effective representation at the initial hearing, on appeal and in contested bail proceedings.
George Hepburne Scott is Head of Extradition at Church Court Chambers.
Read more about extradition law and the UK process, browse further extradition cases and rulings, or contact George for advice.
