Extradition to Poland Refused: Two Victories for George Hepburne Scott

George Hepburne Scott secured the discharge of two clients facing extradition to Poland within the same week, following successful challenges in the High Court and at Westminster Magistrates’ Court.

The decisions, on 9 and 11 July 2024, involved substantial delays and the consequences of extradition for individuals and their families.

J.N. v Poland: successful High Court extradition appeal

On 9 July 2024, Mrs Justice Heather Williams ordered the discharge of George Hepburne Scott’s client in J.N. v Poland, following an extradition appeal in the High Court.

George argued that the district judge at Westminster Magistrates’ Court had given insufficient weight to an unexplained period of 14 years, during which his client had been living and working lawfully in the United Kingdom.

Although the appellant was technically regarded as a fugitive, that status had to be considered alongside the lengthy unexplained delay and his circumstances. By the time of the appeal, he was 61 years old.

The High Court accepted the challenge to the district judge’s decision and ordered his discharge. For the client, the result brought considerable relief and ended the uncertainty of the extradition proceedings.

Poland v S.K.: discharge after a 20-year delay

Two days later, on 11 July 2024, George secured a second successful result in Poland v S.K. at Westminster Magistrates’ Court.

District Judge Snow discharged his client in circumstances involving 20 years since the offences, together with the poor health of the client’s wife.

The outcome enabled him to return home to his wife and 10-year-old daughter, with the extradition proceedings no longer hanging over the family.

Challenging extradition to Poland: delay and family circumstances

These cases illustrate the importance of examining the full history of an extradition request and its impact on the person concerned.

A carefully prepared defence should address the reasons for any delay, the individual’s life in the United Kingdom and the consequences of extradition for dependent family members.

Where an extradition order has already been made, close scrutiny of the district judge’s reasoning may also identify grounds for a High Court appeal.

In these two cases, George Hepburne Scott’s challenges secured discharge at different stages of the extradition process.

Specialist extradition advice and representation

George Hepburne Scott is a specialist extradition barrister representing clients at Westminster Magistrates’ Court and in extradition appeals before the High Court.

If you or a family member faces extradition to Poland, or requires advice about challenging an extradition order, contact George to discuss representation.

Telephone: 020 3597 7595Email: enquiries@ukextraditionlawyer.com