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Surrender to Poland for sentence service upheld despite delay and personal circumstances
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The High Court has ordered the surrender of a Polish national to Poland to serve a two-year prison sentence for fraud, rejecting objections based on the European Arrest Warrant Act, 2003, and potential infringement of personal and family rights under the Constitution and the European Convention on Human Rights. The court found no evidence of non-compliance with the statute regarding the 'triggering offence' and determined that the respondent had knowingly waived his right to be present at his trial. Additionally, the court held that the delay and the respondent's personal and family circumstances did not amount to exceptional circumstances that would render his surrender a disproportionate interference with his rights.
European Arrest Warrant (EAW), Poland, fraud, suspended sentence, triggering offence, High Court, surrender, personal and family rights, Constitution, European Convention on Human Rights, section 45, European Arrest Warrant Act 2003, waiver of right to trial presence, delay, proportionality, Article 8 ECHR.
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.
