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High Court, in European Arrest Warrant ('EAW') proceedings, orders the surrender of the respondent to Germany for prosecution of 28 offences, on the grounds that: the warrant was not ambiguous and/or lacking information where the Court is entitled to read all of the information provided in the EAW and the additional information as a whole in considering whether or not there has been compliance by the issuing judicial authority as regards the information required to be provided by the Framework Decision; the evidence provided fell well short of the requirement to establish, by cogent evidence, that no decision to charge and try the respondent has been taken and the respondent is entitled to apply for bail and correspondence with offences in Irish law was established.
European arrest warrant – prosecutorial warrant – German authorities seeking the respondent’s surrender - offences were described in more general terms than is required – further information sought - charged with 28 offences - underlying arrest warrant provided - points of objection - an error on the face of the EAW corrected in the additional information - no doubt or ambiguity - EAW is in the form required by the Framework Decision and does identify the decision on which it is based - respondent has not produced cogent evidence or any adequate evidence to displace the statutory presumption that a decision has been made to charge and try the respondent for the offences described in the EAW - respondent is clearly entitled to apply for bail, when surrendered – alleged ambiguity in the warrant – alleged insufficiency of information - entitled to know the number and nature of the offences for which his/her surrender is sought - no lack of clarity or ambiguity about the number or nature of charges that are to be proffered against the respondent upon his surrender - fundamental change in the purpose for which the EAW was issued, or in the nature of the information set out in the EAW - Court is entitled to read all of the information provided in the EAW and the additional information as a whole in considering whether or not there has been compliance by the issuing judicial authority as regards the information required to be provided by the Framework Decision – information provided meets the requirements of both the Framework Decision and the Act of 2003 in this regard and that the additional information does not constitute a fundamental change of the EAW such as to require this Court to refuse this application - respondent must produce cogent evidence that no decision to charge and try the person whose surrender is sought has been made at the time of issue of the EAW – affidavit of laws - inconclusive as to whether or not a decision to charge and try the respondent had been taken as of the date of the issue of the EAW - fact that an investigation is on-going is not inconsistent with a decision to charge and try – evidence provided fell well short of the requirement to establish, by cogent evidence, that no decision to charge and try the respondent has been taken – whether the respondent would be entitled to bail - no doubt at all that the respondent has an entitlement to appeal the arrest warrant, and in particular the remand in custody element thereof – alleged ambiguity in relation to correspondence – correspondence established – surrender ordered
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