Nowak, R (on the application of) v Circuit Court of Swidnica, Poland [2012] EWHC 3035 (Admin)
[1]MR JUSTICE COLLINS: This is an appeal under Section 26 of the Extradition Act 2003 against a decision of a district judge ordering return to Poland in order to serve the balance of sentences which had been imposed for illicit trafficking in drugs and participating in a criminal organisation.[2]In the court below - although originally two issues had been raised based on Sections 20 and 21 of the 2003 Act - the appellant was represented by an experienced solicitor who dealt in extradition matters. Neither of the matters were pursued and so there was no challenge to the extradition.[3]The appellant appealed and sought in the appeal to raise those two issues. There is of course no evidence which he has available now before this court which was not available to him below if he wished to rely on it, and so in principle the court would normally not permit such evidence to be called now. However counsel who now appears for him - Mr Cooper - has realistically recognised that there is no possibility of a successful outcome in this appeal. I am told that the appellant has been so advised.[4]In those circumstances the only order that I can make is that this appeal be dismissed.[5](To Mr Cooper) You want, presumably, the usual legal aid order?[6]MR COOPER: Yes.MR JUSTICE COLLINS: Detailed assessment, which you can have, yes.