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Enforcement of Polish prison sentence for assault permitted despite delay and mental health concerns
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High Court allows the enforcement of a two-year prison sentence for an assault conviction from Poland, rejecting the defendant's objections based on European arrest warrant legislation and the European Convention on Human Rights. The defendant was convicted in absentia for grievous bodily harm in Poland and had a suspended sentence activated due to probation violations. The court found no breach of the defendant's rights at the original trial and determined that the activation hearing was not a "trial resulting in the decision," thus not requiring the defendant's presence. Additionally, the court dismissed the Article 8 objection, ruling that the defendant's family ties in Ireland and mental health issues did not constitute exceptional circumstances to prevent surrender under the European Arrest Warrant.
European Arrest Warrant (EAW) - European Arrest Warrant Act 2003 - grievous bodily harm - assault conviction - suspended sentence - activation hearing - in absentia - probation violation - Article 8 - European Convention on Human Rights (ECHR) - mental health - family ties - Framework Decision - mutual recognition - surrender - exceptional circumstances - proportionality analysis - Poland - High Court - enforcement of sentence.
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