Advice Centre

Another happy ending to an extradition case and a great result for our client

Posted by:
Posted in: Crime, Immigration
Date published: 02/04/2019
Extradition

IMD Solicitor’s Crime department successfully discharged two European Arrest Warrants  seeking the extradition of our client and served upon him in the space of 4 weeks.

Both Solicitor and Head of Crime Department, Ms Justyna Blazewicz, and her Paralegal assistant, Ms Diana Przemecka had conduct of the case, successfully achieved the discharge of both European Arrest Warrants with the assistance of leading counsel.  

Facts of the Extradition Case

Our client had been  living in the UK for 13 years together with his long-term partner and son who has Autism.  Prior to moving to the UK our client was convicted for three separate offences.  At the same time he was a victim of a well-known Polish criminal gang.

Following the conviction he has moved out from  Poland and permanently settled in the UK where he has started his family.

Both Ms Blazewicz and Ms Przemecka prepared detailed statements from the client and his family members, providing arguments in reference to Article 8 of the Human Rights Act 1988 which protects the right to life as to why he should not be extradited to Poland. An extensive medical history of our client’s son was submitted as an evidence providing that the son would suffer great hardship without the daily care of his father.

The Court’s Decision

The Westminster Magistrates Court in London which hears initial extradition hearings, decided in favour of our client and confirmed in the judgement that the factors against extradition outweighed those in favour.

Our client expressed his immense predictably delighted with our assistance and the result we achieved in his case.

A Turn of Events

To his surprise, after  a month after the successful discharge of the European Arrest Warrant, our client was re-arrested on the basis of a new EAW from Poland for different convictions which were not disclosed and relied on in the original EAW. The conviction Warrant sought  his return to serve two custodial sentences totalling 3 years.  Without hesitating he contacted IMD Solicitors again for assistance in this new matter.

The prosecution was adamant that they wished to proceed to a full extradition hearing with the new EAW, which meant that our client was forced to go thought the same procedure all over again.

Again Ms. Blazewicz and Ms. Przemecka  attempted to make the process of resisting the emerging Extradition Warrant as stress-free for our client as possible. The Team again put forward successful arguments in Court which meant that the second European Arrest Warrant was also discharged in our client’s favour.

The Result

Our client can now focus on his family life in the UK. It is a ‘small victory’ for IMD Solicitors,  but for our client and his family it means living a  life free from fear of arrest and extradition to life-threatening situation, allowing him to focus on the needs of his young son and  family.

Getting Help With Your Extradition Case

IMD Solicitors’ Crime Department has an international team helping clients to fight all stages of the Extradition process both in the UK and in the requesting state.

If you believe you could face Extradition, or if your Extradition proceedings are being heard at the Westminster Magistrates Court, please contact our Crime Department on 0330 107 0107 or info@imd.co.uk

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

Published by:

Iwona DurlakSenior Partner

Criminal Law – IMD Solicitors LLP


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