John Oliver was instructed by Tuckers Solicitors in a recent Extradition case involving a Polish national. John successfully argued that the requested person's Article 8 rights would be infringed if the extradition were allowed.
The requested person (“RP”) was wanted for trial for an offence of theft which was alleged to have taken place 11 years ago. The RP was the primary breadwinner and caregiver for the couple’s two children. His removal to Poland would have resulted in his partner having to leave her job, which would have had serious consequences for her and their two young children. The Polish authority had provided insufficient information to explain the delay between the alleged offence and the issuing of a European Arrest Warrant.
District Judge Wright said: I conclude in light of the offences of which Mr B is accused of and the likely sentence that would be passed, in the circumstances of this case the interference with the Article 8 rights of Mr B and his family outweigh the factors in favour of extradition. I conclude that the interference with the Article 8 rights of Mr B and his family would be wholly disproportionate.
John Oliver is a barrister specialising in criminal and extradition law.
