Poland Extradition dual criminality - Case Dropped: George Hepburne Scott Secures Discharge on Dual Criminality Grounds
George Hepburne Scott successfully represented S.Z. in extradition proceedings brought by Poland, securing his discharge at Westminster Magistrates’ Court on 15 October 2026.
The Polish authorities sought S.Z.’s extradition to serve a sentence of 10 months’ imprisonment for a drink-driving conviction. However, the case was brought to an end following a decisive dual criminality point.
Poland Extradition dual criminality
The fact that conduct amounts to a criminal offence in the requesting country does not automatically mean that it can support extradition from England and Wales. In this case, the conduct also had to constitute an offence under the law of England and Wales.
The arrest warrant described a breath alcohol concentration of 0.30 milligrams per litre. Converted into the units used in England and Wales, that equates to 30 micrograms of alcohol per 100 millilitres of breath.
The prescribed limit in England and Wales is 35 micrograms per 100 millilitres of breath.
The distinction was critical. The conduct relied upon in the warrant did not establish the corresponding excess-alcohol offence in England and Wales.
The prosecution conceded the case
In its Opening Note, the Crown Prosecution Service, acting on behalf of the Polish judicial authority, expressly conceded that the offence did not constitute an extradition offence.
The prosecution invited the Court to discharge S.Z. under section 10(3) of the Extradition Act 2003. On 15 October 2026, the District Judge discharged him.
The Court therefore did not need to determine the remaining challenges concerning passage of time, the proceedings in his absence and Article 8.
Why this result matters
This case demonstrates the importance of examining the precise conduct described in an extradition warrant, rather than simply accepting the foreign offence label.
Here, careful scrutiny of the alcohol concentration and the applicable domestic threshold was decisive. Although S.Z. faced extradition to serve a custodial sentence, the proceedings ended because the essential dual criminality requirement was not satisfied.
George Hepburne Scott is Head of Extradition at Church Court Chambers and represents clients facing extradition requests from Poland and other jurisdictions.
For advice or representation in an extradition case, click here.
