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The High Court refused a request for the surrender of a respondent to Romania under a European Arrest Warrant, where the respondent had been convicted and sentenced in absentia for a theft-related offence. The court found that the respondent's defence rights were not properly vindicated during the original trial, as there was insufficient evidence that he had been properly notified of the proceedings, of any right of appeal, or that he had waived his right to be present. Furthermore, compliance with probation conditions following the conviction did not remedy the earlier infringement of defence rights. As a result, the application for surrender was refused.
European Arrest Warrant – surrender application – trial in absentia – defence rights – notification of proceedings – right to retrial – right to appeal – probation compliance – Minister for Justice – Criminal Justice (Theft and Fraud) Offences Act 2001 – Criminal Code of Romania – Framework Decision – judicial authority – application refused
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