John Crawford successfully appealed against an order for his client’s extradition to Poland, arguing that his client’s article 8 rights were such that extradition would be disproportionate.
Two grounds were relied upon in the appeal firstly in relation to the categorisation of the offence within the warrant and secondly on how the District Judge had dealt with delay. John argued that the offence within the warrant should have been viewed as careless driving at most and not dangerous driving as the District Judge had ruled. Further, that the Judge had erred in not recognising that there were significant periods of culpable delay in the case and that the explanations provided by the Judicial Authority were insufficient.
Mr Justice Dove ruled in the Appellant’s favour in both regards. He found that there was:
‘In my view considerable force in Mr Crawford’s submissions’ and that ‘so far as the Judge formed the conclusion that this was clear dangerous driving, in my judgment she overstated the seriousness and significance of the offence’ further stating that there was ‘culpable delay for many years during which the requested person was developing a private and family life in the UK without any knowledge of the offence being charged’.
As a result of these factors the Court accepted John’s submission that the balancing act under Article 8 therefore correctly fell in the requested person's favour. The order for extradition was quashed and the requested person discharged.
John was instructed by Jet Arora of Saunders Solicitors.
John is a specialist in extradition and criminal work. He also acts in family and regulatory matters. In extradition, he has been instructed in both Part 1 and Part 2 cases. He is regularly instructed both in the Magistrates Court and on appeal to the High Court. John has acted in numerous cases where a certificate for counsel has been granted, which have involved arguments relating to prison conditions, the requested person’s mental health, and the validity of the EAW under s2, as well as complex Article 8 cases.
