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Jo C.
Jo C., Barrister
Category: Immigration Law
Satisfied Customers: 78097
Experience:  Over 5 years in practice
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Assistant: How can I help? my partner was arrested at

Customer Question

Hi
Assistant: Hello. How can I help?
Customer: my partner was arrested at 17.12.2019 she was cases in Westminster magistrates court and now she is in prison
Assistant: What steps has your partner taken? Has she filed any paperwork with the UK government? What country does your partner live in? If different, what is her citizenship?
Customer: sh polish
Assistant: Has your partner talked to a lawyer about this?
Customer: I spoke her she said don’t have lawyer at all
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I contact the court they don’t give me any information about who represents her at court
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Jo C. replied 7 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 7 months ago.

How can I help with this please?

Customer: replied 7 months ago.
Hi I try help my partner she was chasing by European arrest warrant from Poland
Expert:  Jo C. replied 7 months ago.

Yes, so what would you like to know?

Customer: replied 7 months ago.
I don’t have money on my account to respond by call me
Expert:  Jo C. replied 7 months ago.

No, just ignore the call prompts. I can do this online.

I need to know what your question is though?

Customer: replied 7 months ago.
I spend all my wages for her also lawyer in Poland said the case on way I paid full amount she’s owe
Expert:  Jo C. replied 7 months ago.

Ok, let me know when you know what you want to ask about this.

Customer: replied 7 months ago.
Stop pending extradition
Customer: replied 7 months ago.
I try let know the court but I can’t do it myself
Customer: replied 7 months ago.
She Need solicitor
Customer: replied 7 months ago.
Pass this information from lawyer in Poland
Expert:  Jo C. replied 7 months ago.

didn't she have a solicitor at the magistrates court?

The chances of preventing extradition to Poland are not very good. The HRA doesn't prevent extradition there. Presuming the warrant is sound and she s the requested person she is probably going to be sent back. if anybody has told you anything contrary to that then they are being optimistic.

Customer: replied 7 months ago.
no
Expert:  Jo C. replied 7 months ago.

I presume there is already a direction that she be sent back given that she is in prison?

Customer: replied 7 months ago.
I know she’s already there over 3weeks
Customer: replied 7 months ago.
What about her rights?
Judge said she will deported in 10 days and she still here
Customer: replied 7 months ago.
I was visit her 2day she will request for another herring in court
Customer: replied 7 months ago.
We have strong argument about stopping extradition
Customer: replied 7 months ago.
Just need some time for final case in Poland
Customer: replied 7 months ago.
To take off European arrest warrant on her
Expert:  Jo C. replied 7 months ago.

What is the strong argument?

Customer: replied 7 months ago.
She’s pay off all amount for charge on her
Expert:  Jo C. replied 7 months ago.

That doesn't mean she isn't liable to extradition. That just means the sentence against her will reflect that in Poland.

Customer: replied 7 months ago.
Also she don’t have any family in Poland mums die in 2015 dad’s is in USA she got only me anyway thank you for your message
Customer: replied 7 months ago.
I'd like to inquire if the there is a base to void the trial in magistrate court due to procedural issues as the is no proper record that she was represented and she never denied to be represented and is her primary right. What is more, new evodence came to light with significant impact on her case
Customer: replied 7 months ago.
In the meantime there was also appeal submitted in Polish Court to reconsider the bases for extradition. Thus theoretically she could await the court decision being released from the prison, having just a electronic tag for instance
Expert:  Jo C. replied 7 months ago.

There might well be. I don't practice in Poland. She would need to sort that out with her domestic jurisdiction.

But you are not describing reasons to avoid extradition from the UK per se.

if you mean the hearing at Westminster then surely she did have representation?

Customer: replied 7 months ago.
she has got a confirmation from Westminster Court that they are not able to retrieve the record who was representing her. In the same time they said that only the solicitor on duty, who was representing her can present the new evidence or make any further inquiries. Hence, if the record of her trial is not complete, it is a significant procedural problem
Customer: replied 7 months ago.
She has got rights to be represented and to be heard. Nobody, including the Court, knows who was representing her and now she cannot be heard in the terms of presenting the new evidence
Expert:  Jo C. replied 7 months ago.

But she had a solicitor last time?

Customer: replied 7 months ago.
the Court says that it was solicitoron duty, however they are not able to establish who it was. Eliza has got that confirmed via email by her case worker. Also the Court says that the same solicior, who they haven't really got record of the in her trial is only legitimate lawyer who can make any further enquiries, present new evidence or submitt the appeal.
Customer: replied 7 months ago.
I was trying to get her another solicitor, but after contacting the Westminster Court she has been informed that no other lawyer was allowed to make any enquiries in this case. Is that statement even legitimate? Eliza should be able to change the representation if she wishes to do so.
Expert:  Jo C. replied 7 months ago.

Ok, when it is next in?

Customer: replied 7 months ago.
Apologies, could you be more specific?I'm not sure what exactly the question is referring to
Expert:  Jo C. replied 7 months ago.

When is this case next at Westminster?

Customer: replied 7 months ago.
She had a trial on the 18.12.2019 and then the verdict regarding deportation was made. In the meantime there was new evidence produced that is significantly changing the circumstances. That's our aim for Eliza to get another trial as there is no proper record existing regarding Eliza's defence from the trial on 18.12.2019.
Customer: replied 7 months ago.
Also no lawyer has been in touch with her since when she is imprisoned.
Expert:  Jo C. replied 7 months ago.

Oh ok, so the duty solicitor had legal aid and attended with her on the 18th.

You cannot get a further trial of issue I'm afraid unless there is a clear appeal point.

They wouldn't normally make contact after a decision to return has been made.

Customer: replied 7 months ago.
Ok, if she has got a clear appeal point, but the Court says that it can be only made by the solicitor on duty and they cannot establish who it was?
Customer: replied 7 months ago.
In this situation she cannot be heard. And I'm not sure why any other solicitor cannot submitt the appeal?
Expert:  Jo C. replied 7 months ago.

she can be heard but she was on the 18th.

She can get another solicitor to submit an appeal but there need to be grounds.