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Top-Rated Specialist Extradition Solicitors Bark & Co Successfully Challenge Extradition to Poland for Person Facing Drugs Charges

12 Oct 2020

MN v Poland

This case involved a Polish national facing extradition for possession of cannabis and amphetamine. The only information we were provided with regarding possible sentence in Poland was that the maximum sentence was 3 years.

We submitted that the requested person ought to be discharged under s.21A of the Extradition Act 2003 as to extradite him for these offences would be disproportionate.

The wording of s.21A provides no indication as to who bears the burden of demonstrating what the seriousness of the offence is or what the likely sentence is. Section 206 requires the burden of proof on extradition issues to be determined as if these were proceedings for an offence. The requested person was discharged under s. 21A.

Magdalena Motyl instructed George Hepburne Scott of Church Court Chambers.

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