Beheshteh Engineer successfully resisted an appeal against extradition in the High Court, acting for the Polish Judicial Authority. The Appellant was wanted to serve a sentence of one year’s custody for an offence of robbery. The appeal was a challenge under Article 8 of the European Convention on Human Rights.
There were two particular issues of note that arose in the appeal. First, the Appellant challenged the Respondent’s ability to participate at the oral hearing as the Respondent’s notice was served out of time. Second, the Appellant raised a new issue at the hearing regarding how the Court should approach the time he had spent on a tagged curfew in the UK whilst subject to bail in his extradition case. After considerable oral argument, the Judge directed the parties to provide post-hearing submissions with a summary of the voluminous case law on this issue, and its application to the case. Paragraph 47 of the judgment provides a helpful summary of that case law.
The appeal was dismissed. Beheshteh was instructed by the CPS Extradition Unit.
The full text of the judgment can be found here.
Involving Beheshteh Engineer
