Member Login

Surrender ordered of Polish national on foot of European arrest warrant

By: James Cross BL

or click here to request site subscription to search and view all judgments

High Court, in relation to a European arrest warrant in respect of two offences, finds that there was no correspondence with an offence in Irish law in relation to one of the offences, and refuses the surrender of the Polish national on foot of this offence, but finds that there is no bar to surrender in relation to the other offence; and the court orders his surrender to serve the remaining sentence in relation to this offence.

European arrest warrant – Polish authorities seeking the surrender of a Polish national on foot of a European arrest warrant – custodial warrants - two offences - public order matter – robbery matter – trial in absentia - aware of the scheduled trial - given a mandate to a legal counsellor – so defended - further information – clearly aware of these hearings - absence from both of these hearings is not a bar to surrender on the public order matter – robbery offence took place during the period of suspension of the penalty imposed in respect of the public order matter – prohibition of surrender for trials in absentia does not arise – alleged lack of specifics in the warrant about the public order matter – additional information - notwithstanding the initial ambiguity of the warrant, I am satisfied that the full information made available establishes that he was convicted and sentenced in respect of a single offence – correspondence with an offence in Irish law - Irish court should look at the acts alleged against the subject of the warrant to assess whether or not the acts complained of are ones which, if committed in this country, would amount to a criminal offence - not satisfied that the known facts are sufficient to amount to an offence in Irish law – surrender refused in relation to the public order matter – surrender ordered in relation to the robbery matter.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

Leave a Comment

Your email address will not be published. Required fields are marked *