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Surrender for theft offences ordered despite primary carer’s Article 8 objections
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The High Court ordered the surrender of an individual to the Czech Republic on foot of two European Arrest Warrants, one for serving a custodial sentence and the other for prosecution over alleged theft offences. The court rejected objections based on the right to family and private life under the European Convention on Human Rights, despite the respondent being the sole carer of three children and arguing that her children would suffer significant hardship if she were surrendered. The court found that the gravity of the offences, while minor, met the required threshold and that the issuance of the warrants was not disproportionate nor delayed. The Czech authorities confirmed the necessity of surrender given the respondent's prior criminal record and lack of alternatives. The court saw no exceptional circumstances that would justify refusal on humanitarian grounds or under Article 8, and made the order for surrender accordingly.
European Arrest Warrant – surrender – extradition – theft – shoplifting – Article 8 European Convention on Human Rights – proportionality – family rights – primary carer – child welfare – recidivism – Czech Criminal Code – Criminal Justice (Theft and Fraud Offences) Act 2001 – European Arrest Warrant Act 2003 – Minister for Justice – Section 16 order – humanitarian grounds – Section 37 European Arrest Warrant Act 2003
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