Order for surrender to Poland set aside in light of a decision of European court

Court of Appeal, in European Arrest Warrant proceedings seeking the respondent’s surrender to Poland, sets aside an order for surrender and remits the proceedings to the High Court, on the grounds that: the High Court had taken the view that that the applicant's subsequent criminal conviction for a second offence, which triggered the activation of the suspended sentence imposed on him following his conviction for the first offence, did not constitute or form part of the “the trial resulting in the decision” for the purposes of the Framework Decision, and it is now apparent from a decision of the Court of Justice of the European Union that this view was in error.