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Respondent failed to rebut the presumption that a decision has been to charge him for robbery in Lithuania
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High Court orders the surrender of the respondent to the Republic of Lithuania on foot of a European Arrest Warrant, on the grounds that the respondent had failed to rebut the presumption that a decision has been made to charge the person and try him or her for the offence where the additional information confirmed that while a further step must be taken prior to charge i.e. the interview of the respondent, regardless of his answers in interview, which is a mandatory process, the indictment will be drawn up and the case will be referred to a court of trial.
European arrest warrant – authorities from Republic of Lithuania seeking the surrender of the respondent for prosecution in respect of alleged assault and robbery-type offences – points of objection – argued that the criminal complaint had been withdrawn - additional information - Olsson - presumption that a decision has been made to charge the person and try him or her for the offence - opening lines of the EAW itself, request that the person mentioned below “be arrested and surrendered for the purposes of conducting a criminal prosecution ...” – mutual trust and confidence - a court is only to refuse to surrender a requested person when it is satisfied that no decision has been made to charge or try that person - where there is no intention to try the requested person on the charges at the time the warrant is issued - must be strong and cogent evidence to rebut the presumption - while a further step must be taken prior to charge i.e. the interview of the respondent, regardless of his answers in interview, which is a mandatory process, the indictment will be drawn up and the case will be referred to a court of trial – surrender ordered
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