Lukaszewski v District Court in Torun, Poland and other appeals; R (on the application of Halligen) v Secretary of State for the Home Department [2012] UKSC 20, [2012] All ER (D) 178 (May)
Supreme Court, Lord Phillips P, Lady Hale, Lord Mance, Lord Kerr and Lord Wilson SCJJ, 23 May 2012
The court considered four appeals relating to the requirements for notices of appeal under the Extradition Act 2003 (EA 2003).
The first three appellants (L, P and R) were Polish citizens who were the subject of a European arrest warrant. They each sought to appeal against a decision of the magistrates’ court ordering their extradition to Poland. Whilst remanded in custody, they were assisted by a prison officer working in the prison’s legal services department to complete a form, N161 notice of appeal. The department faxed the notices of appeals to the Administrative Court for filing and stamping. The department then faxed to the CPS a copy of the sealed front page together with a cover sheet within the seven-day permitted period proscribed by s 26(4) of EA 2003. Certain pages which were
