Zakrzewski v Regional Court in Lodz, Poland

[2013] UKSC 2

Ratio Decidendi

An extradition warrant can be challenged on the basis that it contains an error that is misleading, but only where the error is material — not every inaccuracy justifies discharge.

Facts

Poland issued a European Arrest Warrant. The requested person challenged it on the basis of factual errors in the warrant.

Judgment Summary

The Supreme Court held that errors in a warrant could justify discharge only if they were material — that is, if the warrant would not have been valid under the issuing state's law, or the error was misleading.

Key Quotes

"Not every error will justify discharge; the error must be material to the validity of the warrant."
— Lord Sumption

Subsequent Treatment

Applied

Applied in subsequent EAW challenge cases.