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The Court of Appeal has allowed an appeal from the High Court, and set aside an order for the surrender of an individual to Hungary to serve the remaining 11 months of a one-year sentence for offences dating back to 2005. The original High Court decision had ordered the individual's surrender, but the Court of Appeal found that the sentence had become statute-barred and that the individual had effectively served the bulk of the sentence through custody time in Ireland. The Court of Appeal declined the Minister's request for further inquiries to the Issuing Judicial Authority, citing the age of the offences, the execution of the sentence, and the extensive prior exchange of information as reasons to conclude the proceedings.
European Arrest Warrant, Court of Appeal, High Court, surrender, statute-barred, rights of defence, Council Framework Decision 2002/584/JHA, Article 267 TFEU, CJEU, Issuing Judicial Authority (IJA), Section 20 request, prescription period, custody time served, Minister for Justice and Equality, appeal discharge, procedural discretion, execution of sentence, Framework Decision Article 4a, rights of defence, proportionality.
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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