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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Niziol v District Law Court In Tarnobrzeg, Poland [2007] EWCA Civ 596 (06 June 2007) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2007/596.html Cite as: [2007] EWCA Civ 596 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
DIVISIONAL COURT
(LORD JUSTICE LATHAM & MRS JUSTICE RAFFERTY)
Strand, London, WC2A 2LL |
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B e f o r e :
and
LORD JUSTICE MOSES
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NIZIOL |
Appellant |
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- and - |
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DISTRICT LAW COURT IN TARNOBRZEG, POLAND |
Respondent |
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Mr J Hardy and Ms Alison Riley (instructed by Crown Prosecution Service) appeared on behalf of the Respondent
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Lord Justice Sedley:
"(1) This section applies if at any time in the extradition hearing it appears to the judge that the condition in subsection (2) is satisfied.
"(2) The condition is that the physical or mental condition of the person in respect of whom the Part 1 warrant is issued is such that it would be unjust or oppressive to extradite him.
"(3) The judge must-
(a) order the person's discharge, or
(b) adjourn the extradition hearing until it appears to him that the condition in subsection (2) is no longer satisfied."
"The surrender may exceptionally be temporarily be postponed for serious humanitarian reasons, for example if there are substantial grounds for believing that it would manifestly endanger the requested person's life or health. The execution of the European arrest warrant shall take place as soon as these grounds have ceased to exist. The executing judicial authority shall immediately inform the issuing judicial authority and agree on a new surrender date. In that event the surrender shall take place within ten days of the new date thus agreed."
"The required period is-
…
(b) … if the relevant court and the authority which issued the Part 1 warrant agree a later date, 10 days starting with the later date."
Lord Justice Moses:
Order: No jurisdiction.
Mr Hardy: My Lord, I am very sorry. May I invite your Lordship, when your Lordship considers the transcript of your Lordship's judgment to note this: that, if I may say so, infuriatingly the executing judicial authority is the inferior court, the City of Westminster court. Where there is no appeal against the extradition order, that is the court which liaises with SOCA and which arguably could be the subject of the submissions in the event of sea-change circumstances to delay the surrender. When the appeal procedure is invoked, then by section 36 we have the phrase "the relevant court", that is the phrase. But that is therefore the High Court.
Lord Justice Sedley: Yes, thank you Mr Hardy. Blissfully what you have said is now on the transcript and whether it is done by way of amendment of my text or simply by leaving what you have said there, it will be on the record.