The High Court ordered the surrender of a Romanian national to the Republic of Romania to serve a four-year prison sentence arising from convictions for illegal cutting and theft of trees from the National Forest reserve. The respondent objected to surrender, arguing that the European Arrest Warrant failed to adequately describe the circumstances of the offence and his involvement, making it impossible to assess double criminality. The court found the warrant sufficiently detailed to satisfy statutory requirements and enable correspondence with equivalent offences under Irish law. The respondent was present at his trial in Romania, and no procedural or substantive defect warranted refusal of surrender.
application for surrender – European Arrest Warrant – objection to surrender – conviction warrant – double criminality – illegal logging – theft from national forest – high court – sufficiency of warrant details – correspondence of offences – Criminal Justice (Theft and Fraud Offences) Act 2001 – Criminal Damage Act 1991 – section 11 – section 16 – section 38 – European Arrest Warrant Act 2003 – presence at trial – Romanian Forest Code