Poland v WS - Article 8 success for requested person represented by Ben Joyes

12 January 2022

On 7 January 2022, District Judge Grace Leong discharged Mr S on grounds that his extradition would violate his right to a private and family life under Article 8 ECHR. Poland sought Mr S’ surrender for a sentence of 2 years imprisonment for a street robbery in 2016. In her judgment, the District Judge ruled that WS’ extradition would be disproportionate in light of the significant caring responsibilities that he shared with his partner in respect of her young children and terminally ill mother. The District Judge noted in particular that Mr S’ relationship with his partner  "and the responsibilities that he has undertaken through this relationship including looking after a person with a progressive degenerative disease gives force to the argument that he has indeed matured and turned over a new leaf.” It is noteworthy that the Article 8 arguments succeeded in Mr S’ case notwithstanding the District Judge’s acceptance that he was  “a fugitive from justice wanted for a serious offence”.

Mr S was represented by Ben Joyes of 9 Bedford Row’s extradition team. Ben was instructed by Magdalena Motyl of Bark and Co solicitors.