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20 July 2012
Issue: 7523 / Categories: Case law , Law digest , In Court
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Extradition

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Stopyra v District Court of Lublin, Poland and another case [2012] EWHC 1787 (Admin), [2012] All ER (D) 104 (Jul)

It was clear that the present system for means testing for legal aid applications in extradition cases produced unacceptable delays that were unjust. The system was in effect unworkable in practice within the time limits set out in the Extradition Act 2003 and the Framework Decision and was inconsistent with overarching principles of fairness and justice in timely decision-making in extradition cases. The current system needed urgent revision to eliminate delays. The UK had to put in place a legal aid system for European arrest warrants which ensured that requested persons had speedy access to legal representation, namely within a timeframe which was (a) compatible with ensuring compliance with the time limits laid down in the Framework Decision in Arts 11 and 17 and (b) consonant with the principles of justice. If steps were not urgently taken by the ministry, then no doubt there would be further appeals or applications for judicial review and the UK would remain

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