Absence from trial and sentencing hearing did not prevent surrender under European arrest warrant

The Court of Appeal dismissed an appeal from the High Court, upholding an order for the surrender of the appellant to Poland under a European Arrest Warrant. The appellant had been found guilty and sentenced in his absence in Poland, and later – again in his absence – the suspended sentence was activated after he failed to comply with its conditions. The appellant argued that, having been absent from both the original trial and the sentence activation hearing, the latter should be treated as a substantive trial requiring special safeguards. However, the Court of Appeal ruled that the activation of a suspended sentence does not amount to a new trial, provided the absence at the original trial did not breach the defendant’s rights of defence. The court found that the appellant had knowingly made himself uncontactable and that the safeguards for a fair trial were satisfied. The request to make a reference to the CJEU for clarification was refused, as the legal principles involved were found to be clear.