Radoslaw Kisiel v. Her Majesty’s Advocate [2018] HCJAC 15

Appeal under section 26 of the Extradition Act 2003:- Here the appellant sought leave to appeal the sheriff’s judgement following a hearing on 23 November 2017. The appellant represented himself and advanced 4 grounds of appeal in relation to his extradition to Poland:- (1) the overcrowding in Polish prisons and the potential threats from prisoners; (2) 14 years had passed since the date of the offence; (3) the appellant had built a normal life in Scotland and the security that had given him; and (4) the appellant’s health issues which he claimed were a bar to his extradition. On behalf of the respondent it was submitted that in relation to the first ground of appeal no evidence had been placed before the court to overturn the sheriff’s decision on the issue as was required in terms of section 27(4) of the 2003 Act. It was submitted on behalf of the respondent in relation to the appellant’s second ground of appeal that the decision only became final on the 6 May 2010 when the appellant attended a hearing legally represented. On 20 December 2010 the appellant was notified to attend prison, however, he had left Poland and a European arrest warrant was issued. Thereafter, there had been issues relating to the information provided to the police which was incomplete and resulted in the delay. It was submitted on behalf of the respondent that whilst the appellant had been living in Scotland he did so as a fugitive from justice, and it was only when new information was provided to the police in early 2017 that the appellant was found to be in Scotland. In relation to the contention that the appellant had ill health it was submitted that there was no evidence to suggest that custody in a prison in a convention compliant state with appropriate medical treatment would be insufficient. Here the court refused the appeal for the reasons advanced on behalf of the respondent.