Andrysiewicz (Appellant) v Circuit Court in Lodz, Poland (Respondent)

Hearing listed

Case summary
Appeal
Change log

Case summary

Case ID

UKSC/2024/0109

Parties

Appellant(s)

Ewa Andrysiewicz

Respondent(s)

Circuit Court in Lodz, Poland

Issue

Was the order for the Appellant’s extradition to Poland pursuant to a conviction warrant a disproportionate interference with her right to a private and family life under article 8 of the European Convention on Human Rights?

Facts

The proceedings are based on a Polish arrest warrant issued on 23 September 2020 against the Appellant, Ewa Andrysiewicz, and certified by the UK National Crime Agency on 31 March 2021. On 5 October 2016 the Appellant was convicted of offences of fraud, having obtained credit through false representations. That judgment became final on 14 March 2017. The court passed a sentence of two years imprisonment, suspended for a period of five years. It is common ground, however, that Polish procedure allows for the possibility of early release on licence, either on completing half of the penalty or even immediately after surrender to Poland. The Appellant has lived in the United Kingdom since September 2016. On 3 September 2018, the Respondent, the Circuit Court in Lodz, Poland, summoned the Appellant to give notice whether she had paid the fine due. On 14 November 2018, the District Court in Pabienice ordered the two-year sentence to be activated due to the Appellant failing to comply with the probation conditions. On 23 April 2020 the District Court in Pabienice suspended the enforcement proceedings and ordered the Appellant’s arrest by way of a national arrest warrant. On 25 May 2020, the police alerted the authorities that the Appellant was serving a prison term in the UK. The Appellant was arrested in the UK in relation to the arrest warrant on 21 January 2023 and produced at Westminster Magistrates’ Court on the same day. She was remanded in custody and remains in custody to date. Following a hearing, the District Judge ordered the Appellant’s extradition on 23 May 2023. The High Court dismissed the Appellant’s appeal but certified a point of general public importance. The Appellant now appeals to the Supreme Court.