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Surrender to Poland for sentence service upheld despite delay and personal circumstances
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The High Court ordered the surrender of the respondent to Poland under a European arrest warrant for the service of a prison sentence, rejecting objections based on alleged res judicata, abuse of process, undue delay, and breach of Article 8 rights. The court found that the initial refusal to surrender, based on an error regarding the statute of limitations, did not preclude a subsequent properly formulated application. The respondent’s arguments concerning the impact of delay and family life in Ireland were dismissed, with the court highlighting the respondent’s own responsibility for the delay, mainly due to his evasion of Polish proceedings. The court also found the respondent’s defence rights were adequately protected during the proceedings that led to the activation of the Polish custodial sentence, despite some hearings occurring in his absence.
European arrest warrant – surrender – res judicata – issue estoppel – abuse of process – Article 8 ECHR – delay – statute of limitations – activation of suspended sentence – defence rights – in absentia trial – Section 45 of the European Arrest Warrant Act 2003 – Framework Decision – judicial authority
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