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17 Feb 2020

Edward Grange comments on Celczynski v Polish Judicial Authority in Criminal Law Week

Partner Edward Grange has commented on the case of Celczynski v Polish Judicial Authority [2019] EHWC 3450 (Admin) in Criminal Law Week.

In Celczynski v Polish Judicial Authority [2019] EWHC 3450 (Admin), the High Court held that a person could only consent to their extradition under section 45 of the Extradition Act 2003 where they had a legal representative present with them at the time that consent was given.

Edward commented:

“The court in this case proceeded on the assumption that it had no jurisdiction to hear and determine an appeal under section 27 of the 2003 Act on the basis that there can be no statutory appeal in circumstances where a requested person has consented (whether lawfully or not) to their extradition. The appropriate challenge would be to commence judicial review proceedings.”

Edward’s full comments can be read in Issue 5 of Criminal Law Week