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The High Court ordered the surrender of an individual to Poland to serve the remainder of a seven-year prison sentence for multiple offences, including theft, possession of stolen property, conspiracy to pervert the course of justice and participation in an organised crime group. The court ruled that none of the objections raised—including arguments concerning lack of clarity in the European arrest warrant, previous proceedings, delay, and breach of family rights—prevented surrender. The court held that a new European arrest warrant, based on different factual and legal circumstances and relying on the individual's deliberate waiver of attending a key hearing through his lawyer, did not give rise to issue estoppel, abuse of process, or a breach of Article 8 rights, despite a significant passage of time and the respondent's long-term residence in Ireland with his family.
European arrest warrant – surrender to requesting state – issue estoppel – Article 8 ECHR (right to family life) – abuse of process – delay – amalgamation of sentences – specialty rule – in absentia trial – Criminal Justice (Theft and Fraud Offences) Act 2001 – Criminal Justice Act 2006 – European Arrest Warrant Act 2003 – Framework Decision – waiver of attendance – family rights versus public interest
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.
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