Court of Appeal sets aside the High Court's order for the surrender of an individual to Poland, where he was convicted in absentia for a theft offense, where the case centered on whether the individual's trial and subsequent conviction for the theft offense, which occurred during the probation period of a prior suspended sentence for a cyber-attack, should be considered a "trial resulting in the decision" under applicable EU law, with the court determining that the Polish authorities had not demonstrated compliance with the conditions of the EU law provision, nor had they shown that the individual's surrender would not breach his rights of defense.
European Arrest Warrant - in absentia conviction - denial of service attack - theft offense - probation period - suspended sentence - rights of defense - Council Framework Decision 2002/584/JHA - Article 4a - CJEU - High Court - Court of Appeal - Framework Decision 2009/299/JHA - Charter of Fundamental Rights of the European Union - Articles 47 and 48 - tacit waiver - retrial - appeal - extradition - mutual trust - criminal proceedings - European Court of Human Rights (ECHR) - Article 6 ECHR.