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Order for surrender to Poland where respondent fails to displace presumption that his trial was fair
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High Court orders the surrender of respondent to Poland to serve sentences for theft and fraud offences, on the grounds, inter alia, that: there is nothing to suggest that, if surrendered to Poland, the respondent will be proceeded against, sentenced or detained for the purposes of executing a sentence or detention order, or otherwise restricted in his liberty, in respect of an offence other than those in respect of which his surrender is now sought; and he has failed to displace the presumption that his trial was fair.
European arrest warrant - Minister for Justice applies under s. 16(2) of the European Arrest Warrant Act 2003 for an order directing the surrender of respondent to the Republic of Poland, pursuant to a European Arrest Warrant (‘the EAW’) - EAW seeks the surrender of Mr Lukaszewski to serve a sentence of imprisonment of 1 year and 10 months imposed upon him for two offences of theft or fraud and a consecutive sentence of 2 years and 2 months for ten further offences of theft or fraud - nothing to suggest that, if surrendered to Poland, the respondent will be proceeded against, sentenced or detained for the purposes of executing a sentence or detention order, or otherwise restricted in his liberty, in respect of an offence other than those in respect of which his surrender is now sought - respondent failed to displace the presumption that his trial was fair.
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