Successful cases

Magdalena Motyl was instructed in a Polish extradition case involving two warrants—one mixed and one conviction one, with sentences totalling 1 year, 6 months; 6 months and 15 days; and 1 year and 3 months of imprisonment. The offences included attempted fraud, theft, and assault. On July 11, 2024, Judge Snow dismissed the extradition request, ruling that extradition would violate the individual’s rights under Article 8 of the European Convention on Human Rights. The individual had fled Poland in fear of a criminal gang that had exploited him shot him, and murdered his uncle. Since the earlier offences, his life had changed completely—he had led a peaceful and productive life in the UK for 16 years. The client has a long-term partner undergoing cancer treatment and a 10-year-old daughter. There were strong counterbalancing factors against extradition, making it disproportionate in this case.

Magdalena Motyl from Bark & Co represented a Hungarian citizen in an extradition case who faced a 1-year sentence for theft. A range of legal arguments was raised to challenge extradition, including Article 8 (right to privacy and family life) of the European Convention on Human Rights, Section 20 (absence at trial and no right to retrial), Section 14 (passage of time), Section 10 (double jeopardy), and Section 2 (insufficient particulars). The judge acknowledged that the individual had a good character and a well-established life in the UK, also caring for their partner. On September 21, 2023, the judge ruled the extradition disproportionate and dismissed the request under Section 21(2) of the Act.

Magdalena Motyl was instructed in an extradition case concerning a Polish citizen who was sought under a European Arrest Warrant (EAW). The warrant related to a 2-year sentence issued in absentia. Originally suspended, the sentence was activated on April 20, 2010, due to probation violations. The offence occurred on February 23–24, 1998, involving fraud over promotional materials valued at approximately £5,000 (25,108.49 PLN). The individual, residing in the UK since 2013, has no criminal record in the UK and is the sole caregiver for three children (aged 14, 16, and 18), one of whom suffers from mental health and learning difficulties. The judge dismissed the extradition request under Article 8 on May 5, 2023.

Magdalena Motyl was instructed for a Polish citizen sought by Polish authorities to complete a sentence of 1 year, 5 months, and 28 days for two fraud offences from 2015. During this period, the individual turned his life around and established a family in the UK, also supporting a disabled daughter in Poland. On December 20, 2022, Judge Zani dismissed the extradition request, noting that the individual’s absence would have a devastating impact on his family, making extradition disproportionate under Article 8 of the European Convention on Human Rights.

Magdalena Motyl represented a Polish citizen sentenced to 1 year for driving offences. For 17 years, the individual led a law-abiding and constructive life in the UK. Due to considerable delay by Polish authorities, Judge Bristow ruled that extradition would disproportionately interfere with the individual’s right to respect for private and family life in the UK. KB was released from extradition on December 14, 2022.

Magdalena Motyl represented a Hungarian citizen sought under a sentencing warrant for 7 burglary and theft offences, with a remaining sentence of 1 year and 8 months. After an appeal reopening, arguments under Article 8 were considered, factoring in time served and personal circumstances. The individual was released in July 2022.

Magdalena Motyl was instructed in an extradition case for a Polish citizen under a European Arrest Warrant related to a robbery in 2008 with a remaining sentence of 5 months and 13 days. Judge Godfrey deemed extradition disproportionate regarding the right to family and private life, considering significant delay and minimal remaining sentence. Extradition’s impact on the individual’s innocent partner and children would be emotionally, morally, and psychologically damaging. The individual was released on July 22, 2022.

Magdalena Motyl represented a Polish citizen facing extradition for four fraud offences with a sentence of 2 years, 2 months, and 7 days. Arguments under Article 8, Section 21, Section 2(6)(b) of the 2003 Act—insufficient specificity of the client’s role and abuse of process—were raised. Judge Turnock found that the individual was not a fugitive and released them under Section 21(2). The individual was released on June 28, 2022.

Magdalena Motyl was also instructed in a high-profile case involving alleged kidnapping and ransom of a British model in Milan by Polish brothers linked to an international crime group, drawing global media attention.

This case involved a murder conviction. The appellant, after serving time in Poland, travelled to the UK in breach of license conditions. The case was successfully appealed, and it was argued that the initial judge failed to adequately consider time served, resulting in the cancellation of the European Arrest Warrant (EAW) and the appellant’s release.