The High Court has ordered the surrender of a respondent to the United Kingdom to serve a six-year-and-six-month prison sentence imposed there in 2018. Mr Justice Paul Burns made the order on 10 February 2021 after dismissing three objections to surrender.
The application was brought by the Minister for Justice and Equality under a European arrest warrant issued by Winchester Crown Court. The respondent was arrested in Ireland on 6 November 2020. The court said his identity was not disputed, the sentence met the statutory minimum-gravity requirement, and the issuing authority had certified the offence as drug trafficking. No objection was made on correspondence between offences. The judge also found that the respondent had waived his right to attend sentencing, which had taken place in his absence.
The respondent argued that surrender could expose him to prosecution for a separate breach-of-bail matter, contrary to the rule of specialty. The issuing state gave an assurance that it would comply with that rule and said breach of bail was not a criminal offence in the UK. The judge did not decide whether breach of bail or failure to attend court could be prosecuted there. He found no cogent evidence of a real risk of prosecution and loss of liberty in breach of the rule, and dismissed the objection.
The respondent also raised a risk to his life or safety in prison, referring to his defence at trial and an alleged connection between the case and organised criminals. The issuing state provided information about prison risk assessments and possible separation or placement in a vulnerable-prisoner wing. The judge found little, if any, evidence of a safety risk and was satisfied that any risk would be assessed and addressed by UK authorities. He dismissed that objection too.
Finally, the respondent argued that the UK’s withdrawal from the European Union could put his fundamental rights at risk. The judge held that the EU-UK Withdrawal Agreement and Irish legislation allowed the European Arrest Warrant framework to apply in this case because the respondent was arrested before the end of the transition period. Speculative assertions did not establish substantial grounds to believe his rights would be breached or that the framework would not be applied.
Having found that surrender was not prohibited under the relevant provisions of the European Arrest Warrant Act 2003, the court ordered surrender under section 16(1).