Goluchowski and SAS v District Court and Circuit Court In Poland: SC 29 Jun 2016

The appellants challenged the effectiveness of European Arrest Warrants, saying that the requests were deficient in not providing adequate details of warrants issued in support of the decisions. They had been convicted and sentenced to terms of imprisonment which were at first condition, but were now to be served. The appellants contende dthat the European Arrest warrant applications should have provided the details of domestic warrants issuedfor the enforcement of the sentences.
Held: The appeals failed. The Court recognised the difference in the practice arising as regards accusation and conviction cases, though no explicit difference was provided for in the 2003 Act.
In the case of SAS, the term imposed becme unconditional upon the failure of his appeal. The summons to report for detention issued upon that failure had no effect on the enforceability of the sentence and need not be particularised.
For G, his sentence was suspended subject to his compliance with certain conditions, and became activated by his breach of them. No domestic summons was relevant.
‘ In the light of Bob-Dogi, it is therefore clear under European Union law that, if information obtained under article 15 subsequently to the EAW shows that a European arrest warrant was in fact based on an ‘enforceable judgment’ or equivalent judicial decision, even though this was not fully or accurately ‘evidenced’ on its face, the EAW will be valid and enforceable. On the other hand, if subsequently obtained information undermines in a fundamental respect a statement in an EAW which on its face evidences an enforceable judgment or equivalent judicial decision, it could not be right to give effect to the EAW willy-nilly.’

Lord Neuberger, President, Lord Mance, Lord Wilson, Lord Hughes, Lord Toulson
[2016] UKSC 36, [2016] 3 CMLR 39, [2016] 1 WLR 2665, [2016] WLR(D) 345, [2017] 2 All ER 887, UKSC 2015/0073
Bailii, Bailii Summary, WLRD, SC, SC Summary
Extradition Act 2003 2(6)(c)
England and Wales
At AdminGoluchowski v District Court In Elblag Poland Admn 4-Feb-2015
. .
CitedRegional Court In Tarnow Poland v Wojciechowski Admn 4-Nov-2014
. .
At AdminSAS, Regina (on The Application of) v Circuit Court In Zielona Gora Admn 26-Jan-2015
Appeals against orders for extradition to Poland under European Arrest Warrants. . .
CitedCriminal proceedings against Pupino ECJ 16-Jun-2005
ECJ (Grand Chamber) Police and judicial cooperation in criminal matters – Articles 34 EU and 35 EU – Framework Decision 2001/220/JHA – Standing of victims in criminal proceedings – Protection of vulnerable . .
CitedOffice of the King’s Prosecutor, Brussels v Cando Armas and others HL 17-Nov-2005
The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation . .
CitedLouca v A German Judicial Authority SC 19-Nov-2009
The defendant resisted extradition saying that the European Arrest Warrant was defective in not revealing the existence of two earlier such warrants. He said that absence of such information would hinder a court which was concerned as to possible . .
CitedAssange v The Swedish Prosecution Authority SC 30-May-2012
The defendant sought to resist his extradition under a European Arrest Warrant to Sweden to face charges of sexual assaults. He said that the prosecutor who sought the extradition was not a judicial authority within the Framework Decision.
CitedBob-Dogi ECJ 1-Jun-2016
ECJ (Judgment) Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 8(1)(c) – Obligation to include in the . .
CitedZakrzewski v The Regional Court In Lodz, Poland SC 23-Jan-2013
The appellant was subject to an extradition request. He objected that the request involved an aggregation of sentences and that this did not meet the requirement sof the 2003 Act. He had been arrested under the arrest warrant, but during his trial . .
CitedCretu v Local Court of Suceava, Romania Admn 26-Feb-2016
. .
CitedDabas v High Court of Justice, Madrid HL 28-Feb-2007
The defendant sought to appeal his extradition to Spain to face terrorism charges. He complained that the certificate required under the 2003 Act could not be the European arrest warrant itself, that the offence did not satisfy the double . .

Lists of cited by and citing cases may be incomplete.


Updated: 18 January 2022; Ref: scu.566210