High Court orders the surrender of the respondent to Portugal on foot of a European Arrest Warrant, on the grounds that: his surrender was not precluded by the provision prohibiting surrender where the trial was in absentia as the respondent was present both at the trial and the sentence date; the court that activated the sentence did not have the right to alter or vary the sentence on the basis of its statutory powers; the failure on the part of the authorities to notify the respondent of the activation date was entirely his own fault as he failed to comply with clear obligations under the supervision order, including providing an address; and the additional information provided was sufficient to allow the court to fulfil its duties.
European arrest Warrant – custodial warrant – Portuguese authorities seeking the surrender of the respondent to enforce a sentence of imprisonment of 3 years - aggravated theft and the crime of driving without legal qualification – correspondence – trial in absentia – request for additional information - additional information confirms that the respondent was present both on the trial and the sentence date - received a suspended sentence that was in due course revoked – whether he was present at revocation hearing – reintegration plan – revocation of suspension - the court that activated the sentence did not have the right to alter or vary the sentence on the basis of its statutory powers - failure on the part of the authorities to notify the respondent of the activation date was entirely his own fault as he failed to comply with clear obligations under the supervision order including providing an address – alleged lack of detail – additional information - sufficient information in the EAW and in the additional information to allow the court to fulfil its duties – surrender ordered