High Court orders the surrender of respondent to Poland, on foot of multiple European Arrest Warrants, on the grounds that: there no breach of a Framework Decision by the issuing state in conducting a prosecution for an offence other than that for which the person was surrendered, without the consent of the executing state, unless and until the prosecution results in the deprivation or restriction of the liberty of the person surrendered; the court was not satisfied that prison conditions in Poland gave rise to substantial grounds for believing that, if surrendered, the respondent will face a real risk of a breach of his fundamental rights; and the court was not satisfied that, if surrendered, there is a real risk that the respondent’s fundamental right to a fair trial will be breached.
European arrest warrant – Polish authorities seeking the surrender of the respondent on foot of multiple warrants - omnibus issues - no manifest error or ambiguity as regards the invocation of the said tick-box procedure – rule against speciality - at least some if not all of the acts alleged to constitute the offence occurred within Poland - not satisfied that the offence in the EAW is alleged to have been committed in a place other than the issuing state - satisfied that if proven at trial the acts alleged would amount to an offence committed within the issuing state – whether a decision had been made to charge and try the respondent - no breach of Article 27.2. of the Framework Decision by the issuing state in conducting a prosecution for an offence other than that for which the person was surrendered, without the consent of the executing state, unless and until the prosecution results in the deprivation or restriction of the liberty of the person surrendered - satisfied that the period when the respondent was subject to temporary detention was a genuine mistake and did not result in any additional deprivation of liberty – prison conditions - not satisfied that there are substantial grounds for believing that, if surrendered, the respondent will face a real risk of a breach of his fundamental rights due to prison conditions in Poland - Section 4A of the Act of 2003 provides that it shall be presumed that an issuing state will comply with the Framework Decision unless the contrary is shown - fair trial rights - not satisfied that there is a substantial basis for concluding that, in the past, the respondent has suffered a breach of his fundamental right to a fair trial - not satisfied that, if surrendered, there is a real risk that the respondent’s fundamental right to a fair trial will be breached – rule of law – surrender ordered –