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

Case summary

Case ID

UKSC/2024/0109

Parties

Appellant(s)

Ewa Andrysiewicz

Respondent(s)

Circuit Court in Lodz, Poland

Issue

When considering whether extradition pursuant to a conviction warrant is a proportionate interference with the requested person’s right to respect for their private and family life under article 8 of the European Convention on Human Rights (“ECHR”), what is the relevance of the possibility of early release in the requesting State?

Facts

The proceedings are based on a Polish arrest warrant issued against the Appellant, Ewa Andrysiewicz. The Appellant has lived in the United Kingdom since September 2016. On 5 October 2016, the Appellant was convicted of fraud offences in Poland. That judgment became final on 14 March 2017. The court passed a sentence of two years imprisonment. The penalty was initially suspended for a period of five years subject to various conditions including payment of a fine. On 14 November 2018, the District Court in Pabianice ordered the two year sentence to be served in full because the Appellant had not complied with the conditions of suspension. On 23 September 2020, the Circuit Court in Lodz (the Respondent) sought the Appellant’s extradition to Poland to serve the sentence. The Appellant was arrested in the UK in relation to the extradition warrant on 21 January 2023 and remanded in custody. The Appellant opposed extradition on the basis that it would disproportionately interfere with her right to respect for her private and family life under article 8 of the ECHR. The Polish Penal Code allows for the possibility of early release on licence. In advancing her article 8 argument, the Appellant relied on the possibility that, if she succeeded in an application for early release, she would not have to serve the remainder of her sentence. The District Judge ordered the Appellant’s extradition to Poland. The High Court dismissed the Appellant’s appeal but certified two points of law of general public importance relating to the relevance of the possibility of early release in Poland. The Appellant now appeals to the Supreme Court. The Appellant was remanded in custody from the day of her arrest. As a result, by 22 January 2025, before her hearing in the Supreme Court, she had served the equivalent of the entire sentence imposed by the Polish court. The Polish judicial authority withdrew the extradition warrant and the Supreme Court ordered her discharge. Nevertheless, the Supreme Court decided to hear the appeal to determine the points of law certified by the High Court.

Date of issue

1 August 2024

Judgment appealed

Judgment details

Judgment date

11 June 2025

Neutral citation

[2025] UKSC 23

Judgment links

Judgment summary

11 June 2025

Appeal

Justices

Lord Lloyd-Jones

Lord Sales

Lord Stephens

Lady Simler

Lord Burnett

Hearing dates

Start date

13 March 2025

End date

13 March 2025

Watch hearings

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