New Judgment: Lukaszewski v The District Court in Torun, Poland & other cases  UKSC 20
23 Wednesday May 2012
The appellants had been remanded in custody pending extradition, ordered by the Secretary of State. The Polish appellants’ notices of appeal were faxed to the CPS within the 7 day time limit but were not served until the period had expired. The British appellant’s solicitors filed a notice of appeal well within the time limit, but the notice and grounds of appeal did not reach the CPS and Home Office until after the permitted period. The High Court held it had no jurisdiction to hear their appeals as they were served out of time and invalidly constituted.
The Supreme Court unanimously allowed the appeals, stating that a generous view should be taken of the requirements of filing appeals under the Extradition Act 2003. The CPS would have had no difficulty in identifying the decisions being appealed, and it would have been disproportionate if the practice followed by the court and prison legal services department should lead to the appellants losing their right to appeal under ECHR, art 6.