Order made for surrender where there was no flagrant denial of justice in UK court

European arrest warrant – custodial warrant – surrender sought by the UK authorities - sentence of five years’ imprisonment imposed upon him for the offence of rape – trial in absentia – whether a EAW is required to demonstrate conclusively that a requested person waived not just the right to appear at trial, but in particular waived the right to appear at the sentence hearing – whether there should be evidence of consideration by the trial court of the proportionality of proceeding to sentence instead of issuing an arrest warrant prior to sentence - EAW confirms that his trial proceeded in his absence in circumstances where he had knowledge of the scheduled trial and had given a mandate to a lawyer to represent him - he was defended by that lawyer at the trial - respondent has not demonstrated that he has no right of appeal or right to review in the issuing state the trial in absentia - failed to provide any legal authority that establishes that where a person knowingly waives their right to a trial, that the sentencing of that person if found guilty, cannot proceed unless and until it is established that they were quite separately waiving their right to be present at any sentence hearing - deliberately chose to avoid being present at the trial of the serious charge he was facing and went to great length afterwards not to draw attention to his enquiries about what had happened - respondent has not established that there has been a flagrant denial of justice in the UK court by proceeding to sentence him in circumstances where there was a clear waiver of his right to be present at the trial and where in fact he was represented at that trial – surrender ordered.