News & Resources

Requested person discharged on s.20 grounds

16th April 2021

On 8 April 2021, the Westminster Magistrates’ Court handed down judgment in Skorzak v Poland, discharging the Requested Person under s.20 of the Extradition Act 2003. Poland had failed to show that she had been deliberately absent from two hearings, and that they would be reheard if she was extradited.

The case was unusual in that the hearings at issue were not conventional trials, but (i) a hearing to ratify a suspended sentence agreed between the Requested Person and prosecutor after she had admitted an offence, and (ii) a subsequent hearing at which the conditions of the suspension were varied.

The Court agreed that both hearings were ‘trials’ for the purposes of Art. 4a of the Framework Decision and s.20 of the Extradition Act 2003, following the approach in Criminal proceedings against Zdziaszek (Case C-271/17 PPU). It went on to find that the Requested Person had not been properly summoned to the hearings, and that she had not been informed of any right to appeal their outcomes. She was therefore entitled to a ‘retrial’ (or equivalent) in respect of both hearings, which Poland had not shown she would have.

Juliet Wells represented the Requested Person, instructed by Harry Grayson of Shaw Graham Kersh.

Related Barristers

Juliet Wells

Juliet Wells
Year of Call: 2016

Close X

TEMPLE GARDEN CHAMBERS is a market leading set with recognised excellence in a myriad of practice areas with awarded leaders in twelve specialist areas. TGC has the privilege of being well placed in the Temple and The Hague with superb facilities.

Currently consisting of 17 silks and 60 juniors with outstanding leadership and a long established clerking team acknowledged for their exceptional client services and business development, we are keen to expand upon our key areas.

To accommodate the growth in our core practice areas we are inviting applications from established practitioners and/or teams to further enhance our excellent reputation in the following fields:

• Personal Injury & Clinical Negligence
• Inquests & Inquiries
• Health & Safety
• Costs & Litigation Funding

TGC is widely recognised for its friendly ethos and its commitment to Equality & Diversity and Wellbeing. We are especially keen to encourage applications from underrepresented groups at the bar – women, people with disabilities, those from ethnic minority groups and members of the LGBTQ+ community.

Applications will be treated with the strictest confidence and should be addressed to the Head of Chambers, Keith Morton QC

In advance of any formal application both Keith Morton QC and Dean Norton (Senior Clerk) would be delighted to have a confidential discussion. To arrange a meeting please contact Dean on 020 7842 8641 or