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High Court, on foot of a European Arrest Warrant, orders the surrender of man to Poland, on the grounds that his surrender was not disproportionate due to the severity of the offences, and, delay in and of itself does not constitute a basis for refusal to surrender.
European Arrest Warrant – custodial warrant – Polish authorities seeking respondent’s surrender to serve sentence of 10 months - illicit trafficking in narcotic drugs – persuaded his brother to import drugs – no warrant for his brother - during the period when the sentence of imprisonment was stayed, the respondent was, convicted of another offence, giving rise to the execution of the sentence of 10 months - respondent did not voluntarily present himself to serve the sentence, hence a warrant for his arrest issued - subject of an earlier arrest warrant - failed to provide the additional information required – points of objection - proportionality of his surrender - principles of law for application in cases where Article 8 of the Convention is engaged - lapse of time - delay was 20 years – seriousness of the offences - delay in and of itself does not constitute a basis for refusal to surrender – trial in absentia point rejected on grounds the decision to revoke the suspension of sentence in this case did not change the nature or the level of the sentence initially imposed upon the respondent – surrender ordered –
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