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The Supreme Court dismissed an appeal by a statutory body seeking the surrender of a requested person to another EU Member State under a European Arrest Warrant for the purpose of serving a sentence. The High Court had refused surrender on the grounds that the custodial sentence had been imposed at a hearing where the person was not present. The Supreme Court referred key interpretative questions to the Court of Justice of the European Union, which clarified that the proceedings converting a supervision order into a custodial sentence were considered part of the 'trial resulting in the decision' if the national court had discretion to impose the custodial sentence. Following this clarification, both parties agreed surrender must be refused, and the Supreme Court upheld the High Court's decision, confirming that due process requirements relating to presence at trial were not met.
European Arrest Warrant – surrender – sentence service – in absentia – High Court decision – appeal dismissed – discretion in sentencing – conversion of supervision period – Council Framework Decision 2002/584/JHA – Court of Justice of the European Union – Article 4a – due process – CJEU reference – right to be present at trial – statutory body
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.
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