Grabowski, R (on the application of) v Regional Court In Wloclaw Poland

1. MR JUSTICE DAVIS: I have no hesitation in refusing this appeal. The appellant not unnaturally wishes to see his new child. The child is extremely young: so young, however, that she could suffer no psychological ill effects by being for the present separated from her natural father. Indeed the child is in care.

2. The position is that the appellant has previous convictions in Poland, indeed he has outstanding sentences there which may indicate that he left Poland, thereby avoiding having to serve those sentences. An European arrest warrant has been issued in respect of further serious offences (as alleged) in Poland.

3. The appellant has been in the United Kingdom for but a few years, but in that time has acquired an unenviable record of offending. Furthermore he has on numerous occasions breached community orders and the like.

4. Mr Keith said rather hopefully that the appellant had not been in trouble since the end of 2008. Set in the context overall, however, I am in no doubt at all that there are very substantial grounds for believing that he would reoffend if granted bail. I also think that there are very substantial grounds for believing that he would abscond if granted bail.

5. The proposed conditions therefore do not begin to suffice and, as I say, therefore I refuse to grant bail in this case.

6. MR KEITH: My Lord, I do not know whether -- I never know this -- whether you have to make a separate order as to assessment of legal aid costs. But can I have that assessment?

7. MR JUSTICE DAVIS: Did he get legal aid to pursue this appeal?

8. MR KEITH: My Lord, yes.

9. MR JUSTICE DAVIS: He did. Well, if he has legal aid, I will give you your legal aid representation order, Mr Keith. But I do think your client was rather optimistic in this application. But you as a barrister have to do what you are instructed to do. Thank you very much for your help.