The Supreme Court were due to hand down Judgment today, 23rd January 2013, in the extradition appeal brought by the CPS on behalf of the Regional Court in Lodz, Poland v Lukasz Zakrzewski. However, in unprecedented circumstances the Court was informed just minutes before the hearing by the Serious Organised Crime Agency that the European Arrest Warrant had been withdrawn by the Polish Court. It transpired that the subject of the European Arrest Warrant had returned to Poland voluntarily whilst on conditional bail, resulting in the Regional Court in Lodz withdrawing the extradition request. For what is thought is the first time, despite intending to allow the appeal, the Supreme Court had to formally dismiss the appeal due to the wording of Section 43(4) of the Extradition Act 2003.
Mary Westcott instructed by Shaw Grahm Kersh appeared as junior counsel for the Respondent