Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Surrender to Poland denied due to inadequate protection of defendant’s right to attend trial
|
or click here to request site subscription to search and view all judgments |
High Court refuses the surrender of the respondent to Poland under a European Arrest Warrant (EAW) to serve the remaining sentence for a property offense involving assault and robbery. The court determined that the respondent's rights of defense were not upheld during the Polish trial conducted in absentia, as it was not unequivocally established that the respondent was aware of the trial and the consequences of non-attendance. The court found no evidence that the respondent had been informed he could be tried in his absence when charged, nor was there evidence to suggest he was aware of this possibility thereafter. Consequently, the court concluded that the respondent did not unequivocally waive his right to attend the trial.
European Arrest Warrant (EAW), High Court, surrender refusal, trial in absentia, rights of defense, property offense, assault and robbery, recidivism, correspondence of offenses, mutual recognition and trust, Framework Decision, inhuman or degrading treatment, Article 3 ECHR, Article 4 of the Charter of Fundamental Rights, mutual trust between member states, waiver of right to attend trial, Minister for Justice v. Zarnescu, Minister for Justice v. Szamota, Minister for Justice v. Szlachcikowski, non-compliance with s45 of the 2003 Act.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
