Another Win for Berris Law : Poland v AG

On November 18, 2024, a pivotal ruling took place in the extradition request for AG from Poland, a case that showcases the intricacies of international legal proceedings. DJ Zani ruled in favour of discharging AG, who faced extradition concerning two fraud convictions.

The central issue in this case revolved around claims that AG had been “personally summoned” in 2018 and subsequently convicted in his absence. Under typical circumstances, such a scenario would entitle a defendant to seek a retrial. However, during the extradition hearing, the Prosecution acknowledged a significant flaw in their case: they could not confirm whether AG had been summoned in Poland or in the UK. This lack of clarity raised critical questions about the legal foundations of the case against him.

A fundamental aspect of the ruling was the principle of territorial sovereignty. It was clearly stated that Polish authorities lack the legal capacity to summon individuals on UK soil; such an action would contravene established international legal norms and undermine the legitimacy of any extradition process. DJ Zani affirmed the importance of this legal principle in the proceedings.

Seema Dosaj and Counsel Lousie Wilcox representing AG expertly articulated the arguments surrounding the ambiguity and confusion in the Prosecution’s case. The vital precedent set in *Cretu v Romania* [2016] EWHC 353 (Admin), which allows judges to scrutinize the validity of arrest warrants when inherently unclear statements exist. This led to a decisive outcome. The court ruled under section 20 of the Extradition Act 2003, effectively halting the extradition process.

This successful defence adds to the growing list of wins for Berris Law, further solidifying the firm’s reputation for handling complex legal challenges with skill and effectiveness. Each victory not only highlights the firm’s expertise but also reinforces the essential rights of individuals in the face of international legal proceedings.

This case serves as a compelling reminder of the complexities surrounding international extradition law and the paramount importance of legal due process. It underscores the right of every individual to a fair trial and proper legal notification, regardless of jurisdictional boundaries.